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Understanding the Essentials: What is a Power of Attorney?

by | Apr 22, 2024 | Wills & Estates

A Power of Attorney is a legal document that authorises a person (the attorney) to act on your behalf. Depending on the type of power given, the attorney may be able to make financial, legal, personal and medical decisions for you when you are incapable of doing so.

Apart from a general Non-Enduring Power of Attorney that may be used for a specific purpose (eg: signing of a particular document on your behalf), there are other Powers of Attorney that Nevett Ford can assist you with.

Enduring Power of Attorney (Financial & Personal)

This authorises your attorney to make financial and/or personal decisions on your behalf.

A financial power includes anything related to your finances or property whereas the personal power is in regard to your personal matters such as your lifestyle.

You can appoint more than one person to be your attorney and can also provide certain conditions on the powers provided.

Appointment of Medical Treatment Decision Maker

A Medical Decision Maker is an adult you have appointed who will be able to make decisions regarding your medical treatment when you are not capable of being able to do so yourself.

Your Medical Decision Maker is to make decisions that they reasonably believe you would have made if you could, regardless of whether they agree or disagree, you need to give careful consideration to who you appoint with this power.

You can appoint more than one Medical Decision Maker however, only one can made decisions for you at any one time.

Supportive Power of Attorney

By making Supportive Power of Attorney you appoint a person(s) you trust to help you make decisions while you still have capacity to make decisions.

The person you appoint to help you make decisions is called your ‘supportive attorney’ and can help you make financial decisions, personal decisions or other decisions however your supportive attorney cannot help you with decisions about your medical treatment.

How can Nevett Ford help?

 Our Wills and Estates Team can assist you with the preparation of your Powers of Attorney and answer any queries you may have.  For more information, you can contact us on 03 9614 7111 or email us at melbourne@nevettford.com.au.