Guardianship A person who is unable to make certain decisions about their personal health and living circumstances due to mental incapacity has their rights and interests protected by the law. Advance Care Directives An Advance Care Directive sets out your directions, wishes and values that need to be considered before medical decisions are made on your behalf. An enduring power of attorney is a power of attorney that continues to operate even after you become legally incapacitated – eg if you become of unsound mind or are unable to communicate in any way, perhaps after a stroke.
Enduring power of attorney. PDF file size is 595KB. This person is known as an enduring guardian.
An enduring guardian could be authorised to make decisions about things such as where you live, the support services you have access to and the treatment you receive. There may be more than one guardian. Generally a guardian will be a. As mentioned in the previous chapter, a power of attorney, whether enduring or otherwise, enables your attorney to make only financial decisions on your behalf. A guardian may also be appointed as an administrator. To enable personal, health or lifestyle decisions to be made, you should appoint an enduring guardian.
NSW has separate documents for enduring powers of attorney and enduring guardianship. If an enduring power of attorney was made in another Australian state or territory then it is generally automatically recognised in any other state. This does not apply to enduring powers of attorney which are made overseas. We can only act as guardian for a person who has a mental incapacity. An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself.
You choose which decisions you want your enduring guardian to make. These are called functions. You can give your guardian directions on how to carry out the functions. App for Guardian and Review EPA) 9. The Office of the Public Advocate website defines mental capacity and mental incapacity. We help those who cannot manage their own affairs, and those who have trusted us to assist them.
Where possible this should be a certified copy. Most Australian States and Territories recognise a Tasmanian enduring guardianship. Who supervises my guardian if I lose capacity? Can an interstate enduring guardianship appointment be used in NSW? If an enduring guardianship appointment was made in another Australian state or territory then it is automatically recognised in NSW.
The type of document that you will require will depend on your individual circumstances and reason for requiring the appointment of an attorney. What can my Guardian do? Your Guardian can make health and welfare decisions for you, which could include deciding where you live or consenting to medical treatment for you, but only if you were unable to make those decisions yourself.
South Australia and the Northern Territory do not recognise these enduring guardianships. Alternatively, an enduring guardian can be appointed by your state’s Guardianship Tribunal. A point to note, is if you live in Queensland or ACT, the role of an enduring guardian doesn’t exist. This role is instead carried out by someone with an enduring power of attorney.
This document will only come into effect if you lose capacity to make these decisions for yourself. They are appointed under legislation that sets out the arrangements for their appointment and associated matters. You and your enduring guardian must sign the form and have your signatures witnessed by a solicitor, barrister, registrar of the Local Court, an employee of the NSW Trustee and Guardian or a qualified overseas lawyer. An administrator may be appointed to deal with matters of finance, property and any associated legal affairs. Revoking an enduring power of attorney once the donor has become incapacitated is not as simple.
In the situation where a donor has become incapacitated and the only appointed donee has die an interested party can apply to the Supreme Court for an order to revoke the power. This legal document is used for appointing a substitute decision maker called an attorney to make legal and financial decisions. You can appoint more than one person to make decisions jointly, separately or in some form of hierarchy.