The ability to make our own decisions is something we cherish. But sometimes life intervenes and we can’t make our own decisions either temporary or permanently. What happens then? Who will make the decisions about our loved ones personal care and welfare? Who will have the authority to deal with their property or talk to their bank or other agency?

There are two options. Firstly, exercise your decision-making powers and complete Enduring Powers of Attorney (EPAs) while you still have mental capacity. By doing so, you can nominate who you want to make the decisions when you can’t. That person is called the attorney. You can also nominate successor attorneys who will step in if your attorney can’t make decisions themselves as well as put conditions in place and/or authorise your attorney to do certain things in your name. In essence, you choose who you trust. However, if you do not do this and you find yourself in a position where you cannot make decisions either temporarily or permanently, then the second option is for your loved ones to apply to the Court for someone to be appointed. This is an additional expense and stress that can be avoided if you have current Enduring Powers of Attorney in place.
There are two types of Enduring Powers of Attorney - Personal Care and Welfare, and Property.
Only one person at a time can act as your attorney for Personal Care and Welfare. That attorney will make decisions about where you will live, care arrangements, medical needs and ensure you remain connected and engage with others to the best of your ability. Their authority to act on your behalf only comes into effect once you lose your ability to make those decisions for yourself. Your doctor is the appropriate person to decide when your Enduring Power of Attorney should be activated thereby authorising your attorney to act for you.
In contrast, Enduring Powers of attorney for property can appoint one or more persons as attorney. If there is more than one attorney, you can require them to act together or separately when making decisions. Your Property Attorney will have authority to deal with your money, bank accounts, house, bills, and rates etc. In contrast to Personal Care and Welfare, Property Attorneys can be authorised to act while you still have mental capacity or only once you lose it. It's your decision.
Essentially, Enduring Powers of Attorney can provide you with peace of mind and avoid unnecessary court proceedings. They allow you the freedom to choose someone you know and trust to make decisions on your behalf and in your best interests, if you cannot. As circumstances change you can update your Enduring Powers of Attorney and if there are concerns about your attorney’s actions, a third party can ask the court to review them. The choice is now up to you, while you still can.

Schnauer & Co, 222 Kitchener Road, Milford
09 486 0177 www.schnauer.com