What are they?
An Enduring Power of Attorney is a legal document that gives someone else the power to make decisions for you and act on your behalf with respect to financial matters.
An Enduring Power of Guardianship covers personal matters (including your living arrangements) and medical matters in circumstances when you lose capacity to make decisions for yourself.
An Advanced Health Directive allows an individual to plan their future medical care according to their beliefs, values and preferences.
What is capacity?
Capacity is a legal term for understanding the main consequences of a decision, being able to take responsibility for making a choice and being able to make a choice based on the risks and benefits.
Children under the age of 18 do not have the legal capacity to make decisions. Some people are declared unable to make decisions as regulated by the Guardianship and Administration Act 1990.
In summary
| Appointment Type | Enduring Power of Attorney (“EPA”) | Enduring Power of Guardianship (“EPG”) | Advanced Health Directive (“AHD”) |
| What decisions can my Attorney or Guardian make? |
|
A Guardian will have the same powers as if he or she were your parent and you were the child, including but not limited to:
|
|
| What decisions can’t my Attorney or Guardian make? |
|
|
Not Applicable as an Advanced Health Directive sets out specific instruction. |
| Limitation a place on the powers of my Attorney or Guardian |
|
|
Not applicable as an Advanced Health Directive sets out specific in sheet. |
| When does appointment begin? |
|
Upon incapacity only | Not applicable as an Advanced Health Directive sets out specific in sheet. |
| Who can I appoint? |
|
|
Not applicable as an Advanced Health Directive sets out specific in sheet. |
| Are there any exclusions to the appointment? | A person to be appointed under an enduring power of attorney must not be bankrupt or insolvent. | A person to be appointed under an enduring power of guardianship is a person must not provide you with professional care, treatment or accommodation. | Not applicable as an Advanced Health Directive sets out specific in sheet. |
Click here to download this article in PDF format.
Important information and disclaimer
This publication has been prepared by AustAsia Group, including AustAsia Legal Pty Ltd (ACN 123 160 476).
AustAsia Legal Pty Ltd – Liability limited by a scheme approved under Professional Standards Legislation.
Any advice in this publication is of a general nature only and has not been tailored to your personal circumstances. Accordingly, reliance should not be placed on the information contained in this document as the basis for making any financial investment, insurance or other decision. Please seek personal advice prior to acting on this information.
Information in this publication is accurate as at the date of writing, 10 October 2018. Some of the information has been provided to us by third parties. Whilst it is believed the information is accurate and reliable, the accuracy of that information is not guaranteed in any way.
Opinions constitute our judgement at the time of issue and are subject to change. Neither the Licensee nor any member of AustAsia Group, nor their employees or directors give any warranty of accuracy, nor accept any responsibility, for any errors or omissions in this document.
Any general tax information provided in this publication is intended as a guide only and is based on our general understanding of taxation laws. It is not intended to be a substitute for specialised taxation advice or an assessment of your liabilities, obligations or claim entitlements that arise, or could arise, under taxation law, and we recommend you consult with a registered tax agent.