This is a very important matter to consider at any age. While you are alive you may wish to give another person the legal power to attend to your affairs in certain circumstances.

You may have very specific views about medical treatment for yourself in the event that you become medically ill or incompetent. Consider the following examples:

  1. You are going interstate or overseas for a time and you may wish to have a person at home attend to financial matters, either to sell property enter in Contracts on your behalf, pay or access bank accounts etc.
  2. While at home you may face the risk of injury, sudden illness or incapacity which may leave you in a situation where you are incapable of managing your affairs.
  3. If you are concerned about the management of your financial affairs because of your age or possible physical disability and you wish someone to manage things for you.
  4. You have special wishes about your medical treatment and in the event that one day you are unable to tell your Doctor or family those wishes because of your poor state of health.

The way to protect your interests and the examples above is to have a Power of Attorney prepared on your behalf

You may have an ordinary Power of Attorney or an Enduring Power of Attorney. The important difference is that normal Power of Attorney is invalid in the event that you become incapable of revoking it. An Enduring Power of Attorney continues even if you are incapable of terminating the Power of Attorney.

Most people who are concerned about the ability for a carer to look after them whether physically or mentally disabled should obtain an Enduring Power of Attorney. The unfortunate problem with a Powers of Attorney is that you are unable to grant one once you have become disabled. It is therefore important to discuss with your family whether a Power of Attorney is appropriate in your circumstances.


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