Preparing Your Power Of Attorney

Enduring Power Of Attorney

This allows you to nominate a person (or persons) to make decisions on your behalf about financial (eg, bank documents, property documents, superannuation documents) and personal decisions (eg, where you live). It is important to note that an “enduring” power of attorney will continue even if you are unable to make these decisions (for example due to illness). If you wanted to appoint an attorney but for it to cease to operate if you are unable to make these decisions, then you will require a “general non-enduring Power of Attorney” and we can assist you to prepare one of these too.

Appointment of medical treatment decision maker with authority to make medical treatment decisions

(formerly known as a medical Power of Attorney)

In instances where you are unable to make your own decisions (either temporarily or permanently) about your own medical treatment, your nominated medical treatment decision maker can make these decisions for you. Your health practitioner will need the consent of your medical treatment decision maker if you are unable to make medical treatment decisions yourself.

Advance care directive

This document allows you to appoint as your ‘medical treatment decision maker’ in the event that you loose your decision-making capacity and sets out your specific directions about treatment (or refusal of certain treatment) and also your personal values and views about your care to ensure the person you can make the best decisions in your interest.

Memorandum of directions

This is sometimes also known as a ‘Letter of Wishes’ and can be used to provide your Executors with guidance about the distribution of your estate. It is however very important to remember that a Memorandum of Direction cannot alter your Will, but merely provides details of your wishes about issues such as:

• The treatment of your assets and whether they should be invested
• Explanation as to why certain people may have been excluded from the Will (or receive less than an equal share)
• Education or living arrangements of minors
• Details about professional advisors, people who need to be notified and
  insurance/superannuation details
• Any other details you wish to disclose or explain