Powers of Attorney Lawyer Albany, Esperance & The Great Southern Region

Springdale Legal are experienced in all areas of law for Enduring Powers of Attorney and guardianship, and being local we are experienced and knowledgable in what you need.
Your initial consultation is free of charge, and for your peace of mind, we provide fixed-price services so that you know in advance what the costs for you will be.
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ENDURING POWERS OF ATTORNEY AND GUARDIANSHIP

You can ?lose capacity? (in a legal sense) at any age, and these instruments are crucial to provide certainty. Cost of preparation is relatively low. An Enduring Power of Attorney (EPA) nominates someone (known as an attorney) to manage your financial affairs.

An Enduring Power of Guardianship (EPG) allows someone to make personal, lifestyle and treatment decisions on one?s behalf, where you are unable to make reasonable judgments, and an Advance Health Directive (AHD) allows another to make decisions about one?s future medical treatment.

Please find below additional information on Enduring Power of Attorney, Enduring Power of Guardianship?and Advance Health Directives. We can provide help and advice for all of these services.

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Enduring Power of Attorney (EPA)

This is a?document in which a person nominates someone (known as an attorney) to manage their?financial affairs.

Note: An attorney cannot be authorised to make personal, lifestyle or medical treatment decisions.

You may wish to specify particular financial matters for your attorney where they may or may not use their power.

Two copies of an Enduring Power of Attorney must be registered (stamped) by Landgate before they are used (before the person signing the authority loses legal capacity). It is best to provide them to Landgate for this purpose as soon as they are prepared. Landgate will return the copies after stamping.

Should you require an Enduring Power of Attorney, please call Adam at Springdale Legal on?0459 467 796

Enduring Power of Guardianship (EPG)

A document in which a person nominates someone (an enduring guardian) to make?personal, lifestyle and treatment decisions on their behalf, at any time you are unable to make reasonable judgments in respect of matters relating to my person. An enduring guardian cannot be authorised to make decisions about financial or property matters.

As with an EPA, you can specify that your Guardian only acts in certain circumstances and/or only in relation to certain issues, for example:

  • decide where I am to live, whether permanently or temporarily
  • decide with whom I am to live
  • decide whether I should work and if so, any matters related to my working
  • consent, or refuse consent, on my behalf to any medical, surgical or dental treatment or other health care (including palliative care and life-sustaining measures such as assisted ventilation and cardiopulmonary resuscitation)
  • decide what education and training I am to receive
  • decide with whom I am to associate
  • commence, defend, conduct or settle on my behalf any legal proceedings except proceedings relating to my property or estate
  • advocate for, and make decisions about, which support services I should have access to
  • seek and receive information on my behalf from any person, body or organisation

For Both EPA and EPG, you may wish to appoint a substitute guardian/attorney, if one is unable/unwilling to act, and/or joint guardians/attorneys, and specify if you wish the survivor/s to act if one passes or is unable/unwilling to act. In the case where one?joint guardian/attorney passes, you must appoint a substitute guardian/attorney to act with the surviving guardian/attorney.

Advance Health Directive (AHD)

A document in which a person makes decisions about their future medical treatment.

There is a hierarchy between an EPG?and an AHD, such that in relation to medical treatment decisions, an AHD takes precedence over an EPG.

Treatment decisions relate to any medical, surgical or dental treatment or other health care (including palliative care and life-sustaining measures such as assisted ventilation and cardiopulmonary resuscitation).?A treatment decision is defined as a decision to consent or refuse consent to the commencement or continuation of any treatment.

Like with EPAs and EPGs, a treatment decision operates only in the circumstances that you specify, and you can consent or non-consent to particular treatment/s. Your enduring guardian or another person cannot consent or refuse consent on your behalf to any treatment to which this advance health directive applies. In that way, it is akin to a directive to your medical professionals alone.

An example of a Directive in an AHD to consider may be: ‘In the circumstance where there is no possibility of my recovery in a meaningful way, I refuse consent to the provision of life-sustaining measures.’

For all your Power of Attorney and guardianship legal matters, please contact Adam at Springdale Legal today by calling?0459 467 796, or by sending an email via our simple enquiry form above.

  • Free Initial Consultation
  • Fixed Fee Services
  • Local lawyer based in Albany, but also serving Esperance and The Great Southern?Region

For further useful information on Powers of Attorney law matters, please feel free to read through the blog posts we have written to help you. To read any of the summarised articles listed below, please click on the blue heading of?the article you are interested in reading.

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