What is the difference between an enduring power of attorney and an enduring guardian?
What is the difference between an enduring power of attorney and an enduring guardian?
The appointment of an Enduring Power of Attorney formally gives another person, or persons, the authority to manage your legal and financial affairs. The appointment of an Enduring Guardian gives another person, or persons, the authority to make lifestyle and medical decisions on your behalf.
Is guardianship more powerful than power of attorney?
Guardianship entitles you to make legal decisions for another person that pertain to their health and lifestyle. Unlike power of attorney, you are not permitted to manage their finances or legal matters but are authorised to make decisions relating to the person’s accommodation and medical care.
What does power of guardianship mean?
Enduring power of guardianship This power involves appointing a guardian to make certain personal and health care decisions on your behalf when your decision-making capacity becomes impaired. Your guardian must be over 18 years of age and should be someone you trust implicitly.
What are the powers of a guardian?
In general, the court may grant the guardian the power to make medical decisions, determine place of abode, social settings, and to manage property and handle financial affairs such as banking, investments, payment of expenses including household and long-term care costs, and taxes for the incapacitated person.
How long does an enduring power of attorney last?
How long does an Enduring Power of Attorney Last? A Power of Attorney continues as long as you want it to, and it can be revoked, or cancelled at any time while you have the capacity to make the decision. It can also last for a set period of time, for example while you are ill or while you are overseas.
Does enduring power of attorney cease at death?
No, an enduring power of attorney ends on the death of the donor. This means your role as attorney ends immediately on the death of the donor. At this point the provisions of the person’s Will take over.
What’s the difference between enduring and enduring power of attorney?
The main distinction between an Enduring Power of Attorney and Enduring Guardian is regarding the matters about which they are permitted to make decisions in the event that you lose capacity. The appointment of an Enduring Power of Attorney formally gives another person, or persons, the authority to manage your legal and financial affairs.
Can a power of attorney appoint an enduring Guardian?
They do not and cannot make financial decisions for you. Just as when making a PoA, you can appoint whoever you want as an enduring guardian, and it can be the same person (or people) you have chosen as your attorney.
What does it mean to have enduring Guardian?
An enduring guardian is the person or persons you legally appoint to make decisions concerning your health and living arrangements in the event you can longer make such decisions yourself. They do not and cannot make financial decisions for you.
Who is required to Witness enduring power of attorney?
The legal document that outlines and authorises someone to manage legal and financial affairs on your behalf is an Enduring Power of Attorney. It: must be witnessed by a prescribed witness, which includes solicitors, certain employees of NSW Trustee & Guardian, Registrars of the Local Court, and others