Every adult should not only make and regularly update his or her will, but should also make an Enduring Power of Attorney in relation to both personal care and welfare and property to provide for the future.

This ensures that should you become unable to make decisions for yourself later on, you have the assurance now that someone you trust will take responsibility for making decisions on your behalf. The form of an Enduring Power of Attorney is quite straightforward and is set out in a Schedule to the Protection of Personal and Property Rights Act 1988.

The cost of preparing an Enduring Power of Attorney is relatively inexpensive. It is certainly far cheaper than the cost of having a manager appointed by the Family Court. When there is no Enduring Power of Attorney it may cost thousands of dollars to have such a manager appointed.

The important advantage that an Enduring Power of Attorney has over an ordinary Power of Attorney is that it continues when the person giving the power, "the donor", is no longer competent to make decisions. If the donor, whether as a result of either illness or accident, is no longer competent, an Enduring Power of Attorney will empower someone trusted by the donor to make important decisions for him or her, as attorney.

As the name indicates, an Enduring Power of Attorney for personal care and welfare enables the attorney to make decisions about the donor's care and welfare, examples being whether to take recommended medical treatment or to move into a rest home. However, the donor may limit the powers of the attorney by specifying those limits in the document. Only one individual person may be appointed as attorney for personal care and welfare.

An Enduring Power of Attorney relating to property concerns not only land and buildings but other forms of property, including bank accounts. For property, it is possible to appoint as attorney a trust company and it is also possible to appoint one or more individual people.

All disputes about Enduring Powers of Attorney are heard by the Family Court. For example, if an attorney is unsure what to do, or if it is alleged that the attorney has not acted in the best interests of the donor, an application can be brought for the matter to be determined by the Court.

Ideally, you should see a lawyer on your own when making an Enduring Power of Attorney to ensure that your best interests and your wishes are acted upon.

Call us for advice and assistance - it’s never too early to plan ahead!