Power of attorney
Please select a state to continue:
Power of attorney
Please choose one of the options:
$55 inc GST
Begin orderEnduring Power of Attorney (Medical Treatment)
This POA is used to appoint one or more people to make medical decisions on your behalf if you are rendered incapable of making these decisions at some point in the future. This person is known as your Agent.
Commencement of Agent’s Power
The appointment commences when you are unable to make decisions about medical treatment.
When making decisions, your agent must:
- act in your best interests;
- wherever possible, make the same decision that you would have made; and
- avoid situations where there is a conflict of interest.
Appointment of Alternate Agent
You may be able to appoint an alternate agent to act on your behalf if the first appointed agent is unable to do so.
Limitation on Agent’s Power
Your agent can only make decisions about medical treatment. They can only refuse medical treatment on your behalf if the treatment would cause you unreasonable distress or they have a reasonable belief that you would consider the treatment unnecessary.
An agent cannot give consent to medical procedures that are likely to lead to:
- infertility;
- termination of pregnancy; or
- removal of tissue for transplants.
Consequence of Not Having an Enduring Medical POA
If you do not have an Enduring Medical POA and you are unable to make your own decisions about medical treatment, then whoever is first in the following list can consent to medical treatment for you:
- someone already appointed by the Court to make medical decisions for you;
- someone you have appointed in some other way by writing to make medical treatment decisions for you;
- your spouse or partner;
- your primary carer (cannot be a paid professional carer); or
- your nearest relative.
Enduring Power of Attorney (Personal and Financial)
This POA is used to appoint someone to make financial and personal decisions on your behalf. Financial and personal decisions could include signing legal documents, selling property and banking.
This POA continues to be effective even if you are incapable of making these decisions yourself.
Appointment of Alternative Attorney
You may be able to appoint an alternative attorney to act on your behalf should the first appointed attorney be unable to do so.
Commencement of Attorney’s Power
You can nominate when you want the POA to begin:
- immediately;
- on a specified date; or
- on a specified occasion.
If you do not select any of these options then the power begins immediately. If you choose the POA to commence immediately then your attorney can act even if you still have capacity, but your attorney must act according to your directions.
If the power comes into effect once you have lost capacity, then the attorney may be required to prove that you have lost capacity by providing medical evidence.
Limitations on Attorney’s Power
You can include instructions in the POA as to what you would like your attorney to do and they must act in accordance with these instructions. However, it is not advisable to impose too many restrictions on your attorney as this may make it difficult for them to make decisions for you. If you do not specify any limits then your attorney will be able to make any financial or legal decisions on your behalf from the time of the beginning of the POA to the amendment or cancellation of the POA.
Enduring Power of Guardianship
The EPG is used to appoint someone to make decisions regarding your personal circumstances when you are unable to do so for yourself by reason of a disability. This power is only effective when you are incapable of making reasonable judgements for yourself.
Appointment of Alternate Guardian
You may be able to appoint an alternative guardian to act in place of, and with the same powers as, the first appointed guardian if that guardian is incapable of doing so or is absent for a period.
Commencement of Guardian’s Power
The power of the guardian will only commence when you become unable by reason of a disability to make reasonable judgements in respect of any matters relating to your person or circumstances.
Limitations on Guardian’s Power
The guardian will have the power to exercise all of the powers of a guardian, being all the powers that a parent may exercise in respect of his or her child, including –
- to decide where you are to live, whether permanently or temporarily;
- to decide with whom you are to live;
-
to decide whether you should or should not be permitted to work and, if so –
- the nature or type of work; and
- for whom you are to work; and
- matters related thereto; and
- to consent to any health care that is in your best interests; and
- to restrict visitors to such extent as may be necessary in your best interests and to prohibit visits by any person if your guardian reasonably believes that visits by that person would have an adverse effect on you.
You can include instructions in the EPG as to what you would like your guardian to be able to do including the removal of any of the powers stated above or the specific inclusion of additional powers. You can place limitations on the power of the guardian and can set out specific wishes which you would like the guardian to take into account when exercising the powers conferred by their appointment.