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Do you have an enduring power of attorney?

Jennifer Palmer - Apr 2015

A power of attorney is a formal document giving another person the authority to make legally binding decisions on your behalf. There are two types: a general power of attorney and an enduring power of attorney.

While a general power of attorney can make decisions for you during a specific period, such as while you’re overseas, an enduring power of attorney makes financial and personal decisions for you if you lose the capacity to make them on your own. For example, if you get injured or ill and lose the capacity to make decisions for yourself.

The enduring power of attorney only becomes effective after you’ve lost capacity, which means you must appoint one while you’re still able to do so. Remember, an enduring power of attorney can oversee your financial situation and any property you own, but can’t make lifestyle, accommodation or medical decisions on your behalf. An enduring guardian can make personal or lifestyle decisions on your behalf if you lose capacity.

For more information, contact your legal advisor or visit Carers NSW.

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