Enduring Powers of Attorney and Appointments of Enduring Guardianship

At Shipton & Associates, we understand that life is a journey full of uncertainties, and preparing for the unexpected is the key to peace of mind. With preparation and the right advice, you are able to put in place documents which cover off circumstances where you may lose mental capacity and be unable to manage your own financial affairs and health and lifestyle decisions.

Enduring Powers of Attorney and Appointments of Enduring Guardianship are modern and essential tools that can allow you to plan for your incapacity.

What is an Enduring Power of Attorney and why would you should consider one

A Power of Attorney is a legal document which appoints a person, or people, as your attorneys to act on your behalf to manage your financial affairs in the event you are unable to. Designed for long-term assurance, an Enduring Power of Attorney remains in effect even if you lose mental capacity. 

With an Enduring Power of Attorney, you are able to dictate the extent of authority granted to your appointed attorney(s), ensuring that your wishes and values are respected. 

What is an Appointment of Enduring Guardianship and why you should consider one

An Appointment of Enduring Guardianship is a legal document which appoints a person, or people, as your guardians to act on your behalf to make health and lifestyle decisions on your behalf in the event of disability or incapacity. From medical treatments to personal services and dental treatment, your chosen guardian safeguards your wellbeing when you need it most.

What happens if I don’t put an Enduring Power of Attorney or Appointment of Enduring Guardianship in place?

If you do not have an Enduring Power of Attorney and Appointment of Enduring Guardianship in place it could have far reaching consequences for you and your loved ones. Without the documents in place, you lose the ability to make the decision as to who to appoint as your attorney/guardian and an application could be made to the NSW Civil and Administrative Tribunal for someone to be appointed as your financial controller and guardian – this could lead to someone being appointed in those roles who you otherwise wouldn’t want and on terms you don’t want. 

Taking steps to prepare for the unexpected is crucial to ensure your interests are protected, your voice is heard and your wishes are protected. As part of our holistic approach to each of our client’s estate planning needs, we workshop these documents and arrangements to be tailored to each client’s specific and unique circumstances.