In Sickness and in Health
How can you look after your loved one when they lose capacity? What would happen if your husband or wife (or that other special person in your life) suddenly lost the capacity to look after themselves? Do you know what they would want you to do for them? What would you want to happen if you lost your capacity? Who do you trust to make decisions for you? These are all things that most people don’t like to talk about let alone prepare for such circumstances. Having an Enduring Power of Attorney (EPA) in place provides you with certainty as to what is to happen to you.
What is an Enduring Power of Attorney (EPA)?
An EPA is a document that gives an attorney power to act under certain circumstances. Before you make an Enduring Power of Attorney you need to decide who you trust to make decisions on your behalf. Any adult can be your attorney provided they are not your paid carer or health care provider, they are not bankrupt or insolvent, and they must have capacity to act as an attorney.
What sort of powers do you want to give?
There are three basic categories of powers:
Personal matters include day-to-day decisions and decisions about where you will live, what you will eat, what you will wear.
Financial matters include dealing with money, performing contracts, and real estate transactions.
Health matters include decisions for medical care or treatment.
You can give different powers to different people. For example, you could make your spouse your attorney for personal and financial powers, and your mother and father could be your attorney’s for health matters.
For personal and health matters, your attorney’s power starts only when you lose capacity. For financial matters, you can choose whether the power starts immediately, on a specific date, only after you lose capacity, or when you notify the attorney in writing. For example, you might go on an overseas holiday for 2 weeks and ask your attorney to act on your behalf while you are away.
Act now! It is important that you think about making an Enduring Power of Attorney now - before the time comes that you need to rely on someone to make decisions on your behalf. If you lose capacity before you have appointed an attorney, then your family will be required to apply to the Queensland Civil and Administrative Tribunal (QCAT) to have someone appointed as your administrator or guardian – this will take time. If you are unconscious or incapacitated you won’t be able to have a say about who is appointed.
The only way to be certain that your wishes will be given effect is to make an Enduring Power of Attorney while you are healthy, have the capacity to do so and before you need one. Ring your solicitor for an appointment to discuss an EPA now!
Want to know more?
If you would like to know more, please phone us on 07 5458 9000
for a free chat with one of our solicitors.
Read the full article here.