Key questions to consider when appointing an Enduring Power of Attorney
If you have already written your legally valid Will, another key document to consider to complete your future planning is an Enduring Power of Attorney or Medical Decision-Maker.
An Enduring Power of Attorney is a legal document that allows you to appoint someone to make decisions regarding legal and financial matters. Whereas an Appointment of Medical Decision-Maker (also known as an Enduring Power of Guardianship) allows you to appoint a person to make personal and healthcare decisions for you.
By appointing an Enduring Power of Attorney and Medical Decision-Maker, alongside writing your legal Will, you can feel comfortable knowing that your values and beliefs will be understood and adhered to, even if you become incapacitated due to illness or injury
Since an Enduring Power of Attorney and Appointment of Medical Decision-Maker gives another person the legal authority to make crucial decisions on your behalf, it’s imperative that you appoint someone you trust. While it’s common for individuals to select their spouse or adult children as their attorney and medical-decision-maker/guardian, this doesn’t have to be the automatic choice.
Here are some key questions you should consider when it comes to appointing an attorney and medical-decision-maker/guardian.
Do they understand your values, beliefs and wishes?
The role of an attorney and medical-decision-maker (also known as a guardian) is to make decisions on your behalf when you cannot do so yourself. Therefore, it is important that you make your wishes surrounding your living arrangements, medical treatment and financial decisions known to them.
Do you trust them?
While it’s tempting to select someone close to you, it’s more important to choose an attorney and medical-decision-maker that you trust and who is likely to fulfil your wishes. This individual should be someone you feel comfortable discussing sensitive issues with and will follow through with your wishes even if they disagree.
Do they live nearby?
How close are they to you? Ideally, your attorney and medical-decision-maker should live in the same state and live close to you or your preferred hospital or care centre. By being close, they’ll be able to get to you quickly in case of an emergency.
What’s the person’s character and values?
When considering your attorney and medical-decision-maker, reflect on this individual’s character and values. Do they align with your values? After all, they will be making decisions that can significantly impact your life and health-care.
Some questions to think about include:
- Are they able to handle such a responsibility?
- Are they likely to follow through on the demands of being Power of Attorney?
- Will they follow through with your wishes?
- Can you trust this individual to speak on your behalf?
Do they have a basic understanding of medical processes?
In some instances, your medical-decision-maker will also be in charge of making healthcare-related decisions on your behalf. Hence, it’s a good idea (but not essential) to select someone with a basic understanding of how medical processes work.
However, that doesn’t mean you need to pick someone that works in a healthcare-related setting. The individual just needs to be open to learning about various medical treatment options and know how to ask the right questions, especially medical tests, prognoses, procedures etc.
What happens if I do not have anyone to appoint as my attorney and medical-decision-maker?
If you don’t have anyone you would like to appoint as your attorney and medical-decision-maker, you may be able to appoint the public trustee in your state/territory as your attorney and medical-decision-maker. Just know that if you decide to select them, you’ll lose the capacity to make your own decisions, and the public trustee will charge for these services.
No matter who you choose to appoint, both your attorney and medical-decision-maker have a fiduciary duty to act in your best interests when exercising the powers granted to them, and must follow any instructions or limitations detailed in the enduring power of attorney and appointment of medical-decision-maker. After you’ve selected your attorney and medical-decision-maker, you should review these documents every two years and make any changes where necessary.
Planning your estate with Willed
For most Australians, writing your legal Will and planning your estate are tasks that are often left in the “too hard basket”. Traditionally it has involved a time-consuming trip to the lawyers, which can be expensive and inaccessible for many.
Willed is excited to launch their new Complete Estate Planning Package, where Australians can book a free consultation with an in-house expert lawyer who can assist in drafting all your Estate Planning legal documents for a fixed fee.
The lawyer-drafted legal documents featured in The Complete Estate Planning Package include:
- A Will
- Enduring Power of Attorney
- Medical Decision Maker/Enduring Power of Guardianship
- Advanced Care Directive
You can find out more about Estate Planning on the Willed website, as well as our executor services to support Australians applying for Grants of Probate and Letters of Administration.
Note: The legal requirements vary in each state and territory and therefore the documents will reflect the most current and valid legislation for each individual case.
This is a sponsored article produced in partnership with Willed.