Everyone. We never know what tomorrow holds for us, so it is reassuring to know that someone you have chosen that you trust will be responsible for decisions about your finances and care if, for whatever reason, you are not capable of making them yourself.

Anyone over the age of 18, who has full capacity can appoint an Enduring Power of Attorney. This means you must have the ability to:

• Understand the facts and considerations about a situation.
• Understand the consequences and outcomes of your choices and decisions, including how they may affect you and others.
• Communicate your decision or choices.

Someone who you trust to act in your best interests and respect your wishes, if you are unable to make decisions for yourself – this could be your spouse, a family member, a friend, or someone else you trust. Legally they must be over the age of 18.

Yes. You can appoint more than one person to be your Enduring Power of Attorney. You can specify that they make decisions together, separately, or about specific matters. You can also appoint an alternative Power of Attorney in case the person you appoint is unable or unwilling to act as your Power of Attorney.

When appointing an Enduring Power of Attorney, you should think about and communicate:

• Your wishes, should you be incapacitated or nearing death.
• Any religious or cultural considerations that should be considered in making decisions.
• Other people who you would like them to consult with when making decisions on your behalf.

It is up to you to decide what decision-making powers your Power of Attorney has. You may choose for them to be responsible for making decisions about financial matters, personal matters or both.

• Financial matters include things like paying bills, making investment decisions and buying and selling property.
• Personal matters include things such as access to support services and where and with whom you live.

Legally, an Enduring Power of Attorney is required to:

• Make decisions that you would’ve been likely to make yourself based on your wishes and preferences.  
• Act in your best interests, with honesty and in good faith.  
• Work and consult with other decision-makers.
• Encourage your participation in decision-making, life, and the community.
• Protect you from neglect, abuse, or exploitation. 
• Manage your affairs responsibly.
• Keep accurate and up to date records.  
• Avoid conflicts of interest.

Your Power of Attorney does not have the power to:

• Consent to a marriage or the dissolution of a marriage.
• Vote on your behalf.
• Make, amend or revoke your Will.
• Make decisions relating to the care of your children.
• Manage your Estate upon your death unless you appoint them as your Executor in your Will.
• Consent to anything that is illegal or unlawful.

The person you are appointing as your Power of Attorney should be aware that you are appointing them and agree to act as your Power of Attorney.

You may also like to make your healthcare providers and family members aware of your Power of Attorney.

An Enduring Power of Attorney starts once signed but is only effective should you be incapacitated and unable to make decisions on your own. It generally lasts until your death unless you choose to revoke or revise it.

Providing you still have the capacity to make decisions, you can revoke or cancel your Power of Attorney at any time. 

Yes. You can log in to My Legal Will online at any time and update or change your Enduring Power of Attorney.