Reason 1: Other people rely on you!
Reason 2: Accidents happen and you need to be prepared!
Even when you cannot look after others, an Enduring Power of Attorney can give you the peace of mind knowing your appointed attorney(s) is looking after you and those who need you.
When principals appoint attorneys to act on their behalf, a power of attorney is made. The power of attorney becomes “enduring”, because even when the principal loses capacity after the date of granting the power, the power of attorney remains in existence, hence being called enduring.
When you create the power of attorney, you are called the “principal”.
The person or persons you have appointed to act on your behalf is called the “attorney”.
For example, you were involved in a serious car accident and as a result, you are in a coma. Another example is when you are forced to quarantine and unable to leave the quarantine.
This is when your Power of Attorney (POA) will come into effect, your attorney will act on your behalf to handle your medical treatment and your assets.
To be eligible to be an attorney, a person must:
Please note: your attorney does not have to be a lawyer!
We highly recommend you appoint a person who you can trust to act in your best interests, such as a family member or close friends.
Yes you can.
There is no limit on the number of attorneys you can appoint in an enduring power of attorney, except that you can only appoint a maximum of four joint attorneys for a matter (i.e. you can only appoint a maximum of four people who must agree on all decisions).
Yes you can. You can appoint separate attorneys for your financial matters only, or for personal (including health) matters only.
It includes decisions about your care and welfare, such as where and with whom you live and support services you may need. It also includes legal matters that exclude your financial or property matters.
It relates to decisions about your health care, includes:
When you are nearing the end of your life, health matters can also include treatments aimed at keeping you alive or delaying your death (life-sustaining treatments).
It relates to decisions about your financial or property affairs, including:
Yes, you can do so by setting up terms and instructions for your appointed attorney(s).
For example, in personal matters you can set the following limits:
For personal decisions, your attorney may only commence making personal decisions for you when you lose capacity.
For financial decisions, you may nominate when your attorney may begin to make financial decisions for you:
Ascent Lawyers can assist in drafting wills and Enduring Power of Attorney to make sure your wishes will be carried out when you lose legal capacity.
We ensure only the most up-to-date forms are used and all information is accurate.
Appoint the Right Person as your attorney
If your attorney is inappropriately appointed or you failed to constrain the assigned rights, your legal rights may be manipulated.
Only an accurately drafted Enduring Power of Attorney could protect your legal rights when you lose legal capacity.
You will have lost the capacity to make a decision if you are not able to:
Yes you can. You can revoke an attorney from acting on your behalf, as long as you still have the capacity to do so. This is called revocation.
You can contact Ascent Lawyers to assist you.
We will help you lodge all the correct forms and take all reasonable steps to inform every attorney affected by this revocation that they are no longer acting as an attorney.
It will end if the principal:
It will also end if any attorney:
Yes, your appointed attorney is personally accountable and liable for their actions.
This means that if your appointed attorney mismanages or mishandles your matters, whether or not they did it intentionally or negligently, the appointed attorney can be held personally liable and responsible.
You can speak to the Public Guardian. This is a public organisation that has the power to investigate complaints regarding any improper actions of any appointed attorney for financial, health or personal matters.
You can begin proceedings in the court or the Queensland Civil and Administrative Tribunal (QCAT) to recover money and cause the attorney to face criminal charges.
Our lawyers are experienced in wills and estate matters. We are here to solve your worries!
We provide 15-minute free initial consultation to give you a general idea and assessment of your case before engagement.
If you are unable to meet us during business hours, we can always come see you either after work or even during weekends.
Committed to ensuring the best possible outcome for you. We will update you on any progress and changes.
We speak your language (English/Mandarin/Cantonese). We are easily accessible by phone, email, social media and SMS.
We believe in the strict compliance to all ethical standards. Guiding you through each stage of your case is our pleasure.
Our experienced lawyers will listen to your story and tell you what to do next.
Once you engage us, we will gather the required details and work on your case.
We provide the most efficient solution and give you instant updates.
We will strive to achieve the result satisfying your best interests.