Enduring Power of Attorney

Enduring Power of Attorney

If you (or a loved one) needs support (or is unable) to make certain decisions at any point in your life there are options available in law to assist you in making those decisions.

The Assisted Decision-making (Capacity) Act 2015 (commenced in 2023) outlines a number of options available to you:

1. Enduring Power of Attorney
2.  Decision Making Representative
3. Advanced Healthcare Directive
4. Decision-Making Assistance Agreement
5. Co-Decision-Making Agreement

You can plan for the future in this regard. You can prepare a document, one of two documents:

This is a document that you create when you have capacity. It is precautionary document that would come into effect if in in the future, you were to lose decision making capacity.

At that stage the Attorney or Attorneys that you appointed at the time, will be able to make certain decisions for you.

These decisions include care decisions and financial decisions.

You can also plan ahead by creating an Advanced Healthcare Directive. This is a document in which you write down your wishes about your medical treatment decisions and health care, if you are unable to make these decisions sometime in the future.

For example, you can give directions as to your preference on life support.

You may also appoint someone you trust to be your designated healthcare representative to advocate for your healthcare directive to be followed.