Generally we prefer to make our own decisions concerning our
personal lives and finances. But what happens if we lose our mental
capacity, due to injury or accident, and are rendered unable to
make such decisions ourselves?
You can plan for your future by appointing an enduring guardian
and enduring power of attorney. If properly drafted, both
appointments 'endure' beyond you losing mental capacity.
This means the powers granted under the appointments remain
effective even after you lose mental capacity.
So what is an enduring guardian and enduring power of
An appointment of enduring guardian is used to appoint a person
to make lifestyle decisions on your behalf. It is important that
you choose the right person for this role, since the powers given
to your guardian under this appointment are wide and concern issues
of a highly sensitive nature. For instance, your guardian may:
decide where you will live, for example - in a hostel or
decide what health care and personal services you will receive,
for example - treating doctor, home support services;
provide consent for you to receive minor and major medical
refuse medical treatment on your behalf, in circumstances as
directed by you in your appointment of enduring guardian, even if
that treatment is necessary to prolong your life and the refusal of
the treatment will lead to your death.
ENDURING POWER OF ATTORNEY
An appointment of enduring power of attorney is used to appoint
a person, usually somebody trustworthy and with investment
management skills, to make financial decisions on your behalf. For
instance, a power of attorney gives your attorney the authority
buy and sell real estate (once your power of attorney is lodged
with Land and Property Information), shares and other assets on
your behalf; and
operate your bank accounts, spend money and give reasonable
gifts on your behalf.
Act today, not tomorrow Whilst it is not possible to stop illness or accidents
from happening, you can decide now who should make such sensitive
decisions for you if you ever lost the capacity to make these
Liability was apportioned between the VMO, Dr.Brown, and the hospital on an 80/20 basis in favour of the hospital.
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