Who should I appoint as my Enduring Power of Attorney?
by Christine Matsinger
An Attorney is someone you appoint to make personal and/or financial decisions on your behalf if you lose capacity or are overseas and not available to manage your affairs.
Being an Attorney is an onerous responsibility. Your attorney has the same legal power regarding your affairs as you, the donor of the Enduring Power of Attorney – So be very careful who you choose – It must be someone you trust absolutely to ensure your needs and wishes are met and someone who has the necessary ability to properly manage your affairs. Note for personal and health care matters the Power of Attorney will only begin when you lose capacity – that can be properly determined by a doctor if need be. For Financial matters the Power of Attorney will begin when you want it to – as per the Enduring Power of Attorney form.
You can have more than one attorney. You can have separate attorneys for personal/healthcare matters and financial matters. You will need to decide how you want your attorneys to make their decisions, jointly, on their own or by majority. Your attorneys must be over 18 and not be your paid carers.
If there is no-one suitable to appoint you can consider the Adult Guardian, who is an Independent Statutory Officer.
You can end an Enduring Power of Attorney at any time provided you have the capacity to do so. If your Attorney acts improperly, you can revoke the Enduring Power of Attorney.
If you need help with an Enduring Power of Attorney, contact Christine Matsinger at McColm Matsinger Lawyers on 07 5443 1800 or you can email us.
McColm Matsinger Lawyers