Estate Planning
Not only will we prepare and facilitate the proper signing of these important estate planning documents for you, but we can help you make wise decisions about who you appoint to be your attorneys and guardians.
Enduring Power of Attorney
An enduring power of attorney empowers the attorneys you appoint to deal with your financial and legal affairs. This includes the power to pay bills, deal with any of your assets, the tax office, Centrelink and lodge a health insurance claim. Such a document is not only important if you lost capacity one day, but also if you are unable to attend to something because you're away on holidays or in hospital recovering from an operation.
Enduring Power of Guardianship
You may wish to appoint a guardian to make decisions relating to your body like healthcare and personal care decisions, medical treatment or where you might live. An enduring power of guardianship will come into play if you are unable to make those decisions yourself. You might never need it, but if you do, you've appointed the people you trust in this very important role.
Advance Health Directive
This legal document is a statement to your medical practitioners and loved ones about what you want and don't want to happen to your body in circumstances where you can't express your wishes anymore and you've lost your quality of life due to a medical event like a stroke or a disease like an advanced cancer or dementia with no prospects of recovery. Preparing an AHD means you've made the difficult decisions so that your family doesn't have to, and it releases your doctors from liability if they follow it. Often referred to as a DNR or 'Do Not Resuscitate'.
FAQs
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If you currently have assets and responsibilities it is prudent insurance to prepare an EPA immediately. Accidents and illness can strike without warning, it doesn’t matter how young you are. A logical time to make an EPA is when you have your Will made.
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An EPA lasts until death unless it is revoked by the donor and can come into effect the moment it is signed.
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A person must be 18 or over and have the capacity to form their own decision on making an EPG.
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The EPG will only be used if and when an individual becomes unable to make decisions for themselves. The person can choose the decisions the enduring guardian will be able to make, such as where they live and what treatment and services they receive. If the person makes an Advanced Health Directive this will take priority over the decisions of the enduring guardian for the treatment stated in the document.
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An Enduring Power of Guardianship (EPG) is a legal document which an individual can appoint one or more persons as an enduring guardian to make personal, lifestyle and treatment decisions for them. The person can choose the type of decisions their enduring guardian will be able to make. These decisions include where they will live, and what treatment they will receive.
An Advance Health Directive (AHD) is a legal document completed by an adult with full legal capacity which contains decisions regarding future treatment. It specifies the treatment(s) for which consent is provided or refused under specific circumstances and only comes into effect if the person becomes incapable of communicating their wishes.
A person can have both an AHD and EPG, but having an AHD overrides the EPG when it comes to treatment.
This means that if they are unable to make a treatment decision themselves, the instructions in their AHD will be used instead of asking the enduring guardian to make these decisions on their behalf, unless the AHD is invalid or does not cover the required treatment.
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No. A person is under no obligation to make an Enduring Power of Guardianship just because they have made an Advance Health Directive. However, by appointing an enduring guardian, they will increase the likelihood that decisions made on their behalf will reflect their values, beliefs and preferences if they become unable to make or communicate these decisions themselves.
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An enduring attorney is not able to make personal, lifestyle and treatment decisions on the persons behalf. The authority of the enduring attorney is limited to making decisions about financial affairs and property.
It is possible for the same person to be appointed as both the guardian and enduring attorney at the same time. This often happens when one family member has more ability or time to undertake the role.
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A person cannot use their Advance Health Directive to appoint an enduring guardian. To appoint an enduring guardian they must make an Enduring Power of Guardianship.
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It is not possible for another person to make an Advance Health Directive on their behalf. This has to be done by the person while they have capacity.
“I am grateful to both Rod and to Laura. Their genuine empathy and warmth, and their impeccable professionalism are the qualities I needed, and all business is conducted in the client's home.”
— Anne E of Joondalup
