The topic of getting a power of attorney for your elderly parents can be a delicate matter, and it’s a subject you should look at discussing with them sooner rather than later. What exactly is an enduring power of attorney, when do you need one and how do you appoint one?
What is an Enduring Power of Attorney?
An enduring power of attorney is a legal document, allowing you to appoint someone who will make decisions about your financial and personal matters, if you are not able to make these decisions yourself. It authorises one person or a group of people to make decisions on behalf of another person.
Enduring power of attorney is often used and continues, even if you lose capacity to make decisions. They require another another person or group of people to make personal and financial decisions on their behalf. There is no set end date for this document, but a start date may be set. You can choose to appoint more than one attorney, but it’s vital you choose the right person or persons, and you should specify how you want them to make decisions. You are giving them the power to make important decision regarding your finances and personal matters.
Your attorney cannot make medical treatment decision for you unless they are also your medical treatment decision maker. We will cover this topic in another Blog.
When to seek an Enduring Power of Attorney for your Elderly Parents.
A person must be of sound mind when they appoint someone to be their representative. This is why it is ideal to approach the topic with your parents when they are in good health. The government recognises powers of attorney. However the Office of the Public Advocate in Victoria can provide further information, advice and assistance.
In case your parent has dementia, they cannot be considered a person of sound mind. There are still legal ways that you can be their representative. Seek further advice from a Lawyer or the Office of the Public Advocate or Legal Aid.
How to appoint an Enduring Power of Attorney?
The easiest method to appoint an enduring power of attorney is to complete the forms from the State Trustees. It is recommended you seek legal advice as these are complex legal documents and need to accurately reflect your wishes going forward. It is also important to regularly review your enduring power of attorney every year.
Conclusion
An enduring power of attorney is a legal document that allows you to care for your loved ones, especially those in need of dementia aged care, when they can no longer care for themselves or make important decisions. It allows you to make personal and financial decisions on their behalf to ensure that your loved ones can continue to thrive during their later years.
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