Power of Attorney, Protecting Your Decision-Making Authority
At Tony Kelly Lawyer, we help you put clear legal arrangements in place so trusted people can make decisions on your behalf if you are unable to do so. Properly structured Powers of Attorney ensure your financial, personal, and legal affairs are managed in accordance with your wishes and your medical preferences are followed.
Safeguarding Your Affairs When You Cannot Act
A Power of Attorney allows you to appoint someone you trust to manage your financial and legal matters if you are unavailable or lose capacity. Without one in place, your family may need to apply to VCAT, which can be costly, stressful, and time-consuming. Having a properly prepared document ensures your affairs can continue to be managed without unnecessary disruption and in line with your wishes.
This should include the appointment of someone to act in the place of a sole director who has lost capacity due an accident or an adverse health occurrence as a personal power of attorney does not operate in such circumstances. Issues such as the power to alter superannuation nominations or the permission to access the assets of the donor of the power are also to consider in the light of the applicable legislation.
An Appointment of Medical Treatment Decision Maker allows you to nominate trusted individuals to make medical decisions for you if you are unable. This document gives you control over who can consent to, or refuse, treatment on your behalf. In the absence of a formal Appointment, doctors would rely on a legislative hierarchy of people to make a decision, which may not be what you would have wanted. Making an Appointment now gives you certainty over your care in future.
Ensuring Control Over Future Decisions
If you become unable to make decisions, a properly drafted Power of Attorney ensures the right people are already authorised to act for you. This removes uncertainty for your family and protects your financial and personal interests.
Enduring Powers and Complex Financial Arrangements
An Enduring Power of Attorney continues even if you lose mental capacity, allowing your appointed attorney to manage ongoing financial and personal matters. This can include paying bills, managing property, and making decisions regarding aged care.
Key considerations include:
Appointing one or more trusted attorneys
Setting clear limits or conditions on their authority
Managing different property types, including superannuation
Ensuring continuity if capacity is lost unexpectedly
Careful drafting ensures your document works effectively across a broad range of personal situations.
An Enduring Power of Attorney authorises your attorney to act on your personal behalf, but not necessarily on behalf of a company. Our team can prepare Company Powers of Attorney as part of our package to ensure continuity in your business dealings if you are incapacitated.
Tailored Advice for Personal and Business Protection
Power of Attorney arrangements should always reflect your personal circumstances, family structure, and financial position. Tony and Claire take a considered approach to ensure each document is structured correctly and aligns with your broader estate planning needs.
This ensures your legal arrangements are practical, enforceable, and designed to protect you both now and into the future.
