NEWS [el Why you should appoint a guardian or attorney RN. By Lee Critchley for Background Briefing Updated Wed 28 Sep 2016, 10:11am Sadly, some of us will lose the capacity to make decisions and manage our own affairs through illness or injury. But you can plan ahead while you're fit and healthy by deciding who you would like to make decisions for you In fact, now is the time to do it. Once you've lost capacity i'l be too late. ‘There are two documents that you can use to do this. A power of attorney You can prepare a legal document called a power of attorney to appoint someone to make decisions about your property and financial affairs. You can decide what powers you are going to give them, and when the power is going to start. ‘There are two types of powers of attorney: 41. A general power of attorney is usually given for a specific period of time or for a specific purpose, This type of power stops operating if you lose capacity. 2. An enduring power of attorney is the one you should use if you want someone to make decisions for you. It contains a clause that states that you want it to continue even after you have lost capacity. Your attorney only has the legal authority to make decisions about financial matters, not lifestyle choices. An enduring guardianship appointment You can appoint someone as your enduring guardian to make decisions about where you live, what services and health care you receive, and to consent to medical or dental treatment, Who should | choose to be my decision maker? This is a very important decision. You need to appoint someone you trust to manage you affairs, because you're giving your attorney or guardian considerable power over your life. ‘The person you appoint should not only be trustworthy but should be willing and able to take on the job. You can appoint more than one person as your decision maker, If you do, you should be confident that the people you choose will be able to work together and agree on what is in your best interests. Ifyou don't have anyone suitable to be your decision maker, you can appoint the public trustee and guardian in your state as your attorney. However, you need to be aware that they'll charge a fee to act as your attorney. How do | make a power of attorney or enduring guardianship appointment? There are specific forms that you need to complete. A lawyer can help you complete these documents and explain your options, what powers you can choose to give to the attorney or guardian and the legal effect of the documents.Safeguards against abuse Attomeys and guardians have legal duties to act in your best interest. However no government body monitors their day- to-day activities to make sure they are acting in your best interests, Ifyou still have capacity, you can revoke the power of attorney by withdrawing the appointment. But if you have lost capacity and an attorney is abusing their power, someone else need to take action to remove them. an interest in your welfare will They will need to apply to the a specific tribunal in your state to have the attorney's actions looked at. The tribunal will decide whether to remove the person as your attorney. What happens if | don't plan ahead and | lose capacity? If you have lost capacity to manage your own finances and haven't made a power of attorney, your family may have difficulty accessing your bank account to pay bills. Ifa decision needs to be made about selling your home to pay for you to enter residential aged care or to move into a home that is more suitable for you, only someone with power of attomey would have the legal authority to sell your house. Ifyou haven't appointed an attomey or guardian, only the aforementioned tribunal or the Supreme Court (or the ‘equivalent in your state) can appoint someone to make decisions for you. ‘A family member or someone else who is interested in your welfare will have to ask the tribunal to appoint them as your financial manager or guardian, or both. This can be time consuming and stressful The tribunal will ask you to participate in the hearing of the case. They will isten to your wishes, but they don't have to follow them if they believe they're not in your best interest, In some cases the tribunal may decide that itis in your best interest to appoint the public trustee and guardian as your financial manager and/or guardian Lee Critchley is a lawyer at Legal Aid NSW. For more information contact the legal aid commission in your state. Topics: lav-cnme-andjustoa, famiyou, aged-oare, australia First posted Wed 28 Sep 2016, 9:05am