Enduring Power of Attorney for Victoria
Enduring Power of Attorney for New South Wales
Appointment of Enduring Guardian for New South Wales
By creating an enduring power of attorney, you choose and empower someone to manage your financial affairs if you lose the ability to manage them yourself. If you lose the ability without having appointed an enduring attorney, there may be no one who can manage your financial affairs. In that case it may be necessary for a relative or friend to apply to the court for someone to be appointed. That is usually an expensive, time-consuming and unsatisfactory exercise.
By appointing an enduring guardian, you choose, and give authority to, someone to manage your care and welfare, if you are unable to make your own decisions. This enables the person who you appoint to make decisions for you about your health care and about where you live. If you lose the ability to make these decisions for yourself, without having appointed an enduring guardian, there may be no one who can manage those issues for you. If that is the case, it may be necessary for a relative or friend to apply to the court for someone to be appointed. That is usually an expensive, time-consuming and unsatisfactory exercise.
For an enduring power of attorney and an enduring guardianship to be valid legal documents, the signature must be witnessed by a “qualified witness”. The qualified witness must provide advice to the person who is signing the enduring power of attorney or enduring guardianship appointment about the effect of the document and, having done so, must certify in writing that the person signing the document appeared to understand the effect of the document. If the qualified witness is not satisfied that the person signing the document understands its effect, then the document will not be validly created.
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