Power of Attorney Melbourne

 

When you instruct us to prepare your Will, it’s likely that we will discuss with you the merits of also preparing an Enduring Power of Attorney and an Appointment of a Medical Treatment Decision Maker.

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Power of Attorney

While a Will deals with your affairs after you pass away, power of attorney documents ensure your estate is in safe hands while you are still alive but in the event of incapacity due to illness, accident or infirmity.

 

These documents appoint someone to act on your behalf in circumstances where you cannot act for yourself and authorise organisations to deal with the appointed attorney on your behalf.

 

These power of attorney documents are important to prepare while you are in good mental health, as they ensure that you are able to be cared for by the person or people that you choose if you are unable to care for yourself.

 

Powers of Attorney cannot be prepared if you have lost capacity to legally make such a document. If these documents are not prepared it could result in your family needing to apply to the Victorian Civil and Administrative Tribunal for the authority to ensure that there is someone making the decisions for you in the event of your incapacity. This can be a difficult and stressful process for your family.

 

At Rigoli Lawyers we have a lot of experience with these documents and can provide a full range of legal advice in Melbourne to prepare these documents. We understand that it is often difficult to discuss the possibilities that these documents plan for, so we make the process as quick and painless as possible.

Enduring Powers of Attorney

Enduring Powers of Attorney are documents that allow someone to act on your behalf in your financial and/or personal matters. These documents commonly include a clause that only allows their use if you have lost the mental capacity to make your own decisions. Having an Attorney can give you peace of mind that if anything were to happen to you there is someone you trust making the decisions regarding your lifestyle and assets.

 

When you consider who to appoint as your Attorney remember that you are essentially giving this person complete permission to do any acts that you can do yourself regarding your assets and lifestyle. This is not something to enter into lightly. This is usually the person who will determine if you will be placed in a nursing home or if you need full time care at home.

 

This person will also have the power to sell any assets that you hold, which could affect gifts made under your Will. You can include restraints or conditions on your Attorney which can be discussed with one of our Melbourne lawyers during your consultation.

 

You can appoint multiple Attorneys either jointly, severally or alternately as you see fit. This allows you to put additional safe guards in place for your affairs. Each Attorney must accept their appointment by signing the same document for their appointment to be valid.

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Medical Treatment Decision Maker

A Medical Treatment Decision Maker is the person who has the authority to decide on your medical treatment if you are not in a position to make that decision yourself. Formally known as a Medical Power of Attorney, this document works similarly to a Power of Attorney as you are giving another person the ability to make decisions as if they were you.

 

Your Medical Treatment Decision Maker has the authority to consent or refuse the commencement or continuation of your medical treatment. When you choose your Medical Treatment Decision Maker consider that their choices can be a matter of life or death.  This can avoid disputes between family members, partners and doctors in the situation of having to decide what medical treatment to give or withhold in a medical crisis.

 

You can only have one Medical Treatment Decision Maker appointed at a time, but you can include a number of alternatives for situations where your first choice is not available. As with the Enduring Power of Attorney, your appointed Medical Treatment Decision Maker will also need to sign the same document to accept their appointment.

Contact us today for a FREE half hour consultation regarding your Power Of Attorney  *no obligation

While we would welcome working with you to create your Power of Attorney documents, if you are looking for a cost effective option you might like to consider our Online Services page to arrange an DIY Enduring Power of Attorney at an affordable price.