Powers of Attorney & Advance Health Directives

For most people, an Enduring Power of Attorney is like an insurance policy – you want to have it, though you hope you never have to use it.  An Enduring Power of Attorney enables you to appoint people you trust to make decisions on your behalf, and most importantly, you can appoint your attorneys to act on your behalf if you have lost capacity. 

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With life expectancy rising, there is also an increasing chance of suffering some condition or event that leaves you incapacitated and unable to look after your own affairs.  In the absence of a lawfully appointed attorney, this can mean confusion and uncertainty about who might decide what type of healthcare you receive, or where you might stay, or how your assets and financial commitments are managed.  Dealing with the loss of capacity is difficult enough in and of itself; it is much more distressing for family and loved ones if you add in uncertainty about who is authorised to look after your health and affairs.

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By your enduring power of attorney, you can nominate attorneys to look after your care and estate.  You can determine how your attorneys are appointed to act, how they must make their decisions, specify when they are authorised to act, and give guidance to your attorneys about how you want them to look after you. 

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If you don’t have an enduring power of attorney, and then lose capacity, then it’s a painfully slow and uncertain process for a family member to be able to be appointed to look after your affairs, and it’s by no means certain – lacking an enduring power of attorney could mean the appointment of the Public Trustee or Public Guardian to look after your financial or personal affairs.

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Ashton Estate Lawyers have significant experience in drafting comprehensive enduring powers of attorney, that cover not only basic issues but enable your attorneys to act with appropriate flexibility in looking after you and your interests.  Contact us today for a free 15-minute initial telephone conversation and let us assist you with a comprehensive enduring power of attorney as part of your estate planning.

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An Advance Health Directive is similar to an enduring power of attorney, except that it is limited to dealing with your healthcare, and allow you to clearly specify the healthcare and medical treatment you want – and perhaps more importantly, the healthcare and medical treatment you do not want – in a variety of circumstances. 

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Ashton Estate Lawyers are experienced in drafting and finalising advance health directives, and advising on the differences and relationship between your advance health directive and enduring power of attorney.  If you’re concerned about healthcare and medical treatment, please contact us for a free 15-minute telephone conversation and we can advise and assist in determining the suitability and implementation of an advance health directive to fit your needs.