POWERS OF ATTORNEY & ADVANCE CARE PLANNING
Wills and Estates Lawyers on
the
Gold Coast and Northern NSW
Powers of Attorney and advance care planning documents help ensure trusted people can make decisions for you if you lose capacity or are unable to communicate your wishes. These documents are often prepared alongside a Will as part of a complete estate plan.
Enduring Power of Attorney
An Enduring Power of Attorney allows you to appoint someone you trust to make financial and legal decisions on your behalf if you become unable to do so. This may include managing bank accounts, paying bills, dealing with property, or handling business and investment matters.
Having an Enduring Power of Attorney in place can reduce uncertainty for loved ones and help ensure your affairs continue to be managed smoothly if your circumstances change.
Appointment of Enduring Guardian
An Appointment of Enduring Guardian allows you to nominate a trusted person to make personal, lifestyle, health and medical decisions for you if you are unable to make those decisions yourself. This may include decisions about medical care, accommodation, living arrangements and day-to-day personal matters.
This document provides clarity and guidance at a time when loved ones may otherwise face difficult decisions without knowing your preferences. For many clients, appointing an Enduring Guardian offers peace of mind knowing that someone they trust can speak and act for them if needed.
Appointments of Enduring Guardian are particularly relevant in New South Wales and are often considered alongside other estate planning documents to ensure personal, health and financial decision-making is covered. In Queensland, an Enduring Power of Attorney allows you to appoint a person or people of your choosing, to make decisions on both financial/legal and personal/health matters.
Advance Health Directive / Medical Decision Maker
Advance care planning is about making sure your wishes are understood if you are ever unable to speak for yourself. For example, if you were seriously unwell, injured, or had lost capacity, the right document can guide your family, doctors and decision-makers about the care and treatment you would want.
The terminology and requirements for advance care planning can differ between Australian states and territories. For example, in Queensland this may involve an Advance Health Directive, while in New South Wales similar planning may involve an Advance Care Directive and/or appointing an Enduring Guardian. No matter where you are located, we can help you understand which document or appointment is appropriate for your circumstances, so your wishes are clearly recorded, and the right people are able to support you if needed.
Speak with a Wills and Estates Lawyer
At CJM Lawyers, we guide clients through Powers of Attorney, guardianship and advance care planning with clear, practical advice. We help ensure your wishes are properly documented and the right people are appointed to support you if the unexpected happens. Contact our Wills and Estates team to discuss the documents that may be right for you.
Your Questions, Answered
Find answers to common Powers of Attorney & Advance Care Planning questions below. Have a question not covered here? Enquire today to discuss your situation.
When should I consider putting an Enduring Power of Attorney in place?
It’s generally best to prepare an Enduring Power of Attorney while you are well and able to make decisions comfortably. Many people choose to do this as part of their broader estate planning or after major life or asset changes.
What types of decisions can an Enduring Power of Attorney cover?
An Enduring Power of Attorney can cover financial and legal matters, such as managing property, assets, and financial obligations. The scope of authority depends on how the document is prepared and your instructions.
How is an Enduring Guardian different from a Power of Attorney?
An Enduring Guardian focuses on personal and health related decisions, while a Power of Attorney generally relates to financial and legal matters. This will largely depend on the state that you are situated in. Many people choose to have both documents in place to ensure that decisions can be made smoothly across all areas of life if circumstances change.
Can I choose what decisions my Enduring Guardian can make?
Yes. The document can be tailored to reflect your preferences and the level of authority you wish to grant, based on your circumstances.
Do I need an Advance Health Directive if I have an Enduring Guardian?
An Advance Health Directive records your specific treatment wishes, while an Enduring Guardian authorises someone to make decisions. Depending on your circumstances, having both can provide greater clarity and support.
Can I update my Advance Health Directive later?
Yes. Like other estate planning documents, an Advance Health Directive can be reviewed and updated if your views or circumstances change.
Are Advance Health Directives and medical decision makers the same thing?
Not exactly. They are related to advance care planning, but the terminology and legal requirements differ between states. Legal advice can help ensure the right documents are prepared for your circumstances and location.
