A Power of Attorney is a legal document whereby one person grants another person the authority to make legal and financial decisions on his or her behalf. It can be used in several ways, from having another take care of your affairs whilst travelling to times of extended illness.
An Enduring Power of Attorney takes this a step further; the person nominated to manage the affairs (the “donee”) may continue to manage the affairs once the person giving the power (the “donor”) is found to have diminished mental capacity due to injury or illness. This arrangement can remain in place as long as the donor is still alive.
This document can be prepared in two ways: to come into effect immediately and to continue once the donor loses capacity or to come into effect at a future time (such as the onset of mental incapacity).In order to sign a Power of Attorney, the donor must be capable of understanding the nature of the document they are signing and its effects.
An Appointment of Enduring Guardian is a legal document whereby you grant the right to make decisions in regard to your health and living arrangements to another person. This comes into effect only when you are deemed to have lost the ability to make decisions for yourself.
It gives your family the right to speak to health professionals about your medical situation and make the decisions to carry out your medical wishes.