A Will is legally enforced after your death. Enduring Power of Attorney and Advance Care Directives however are activated if a person who made them becomes incapacitated. They are like a “living will”; they indicate your wishes for your financial and personal affairs should you become incapacitated. We can prepare an Enduring Power of Attorney which gives power to a person you choose to act for you in organising your financial affairs if circumstances arise.
A Power of Attorney is a document which authorises another person to deal with your legal and financial affairs.
A Power of Attorney operates whilst you are alive and ceases on your death.
If you don’t have a Power of Attorney and become mentally incapable of handling your affairs there are 2 options:
- SACAT can appoint an administrator
- The Supreme Court can appoint a manager of your affairs
Making a Power of Attorney whilst you have capacity will avoid the expense and complications of an administrator being appointed through SACAT or a manager by the Supreme Court.