General and Enduring powers of attorney. Empowering people for future decision-making

Size: px
Start display at page:

Download "General and Enduring powers of attorney. Empowering people for future decision-making"

Transcription

1 General and Enduring powers of attorney Empowering people for future decision-making

2 Why have enduring powers of attorney? life is unpredictable gives you control over who makes decisions on your behalf in the event that you cannot creates formal relationship with someone who knows your wishes for financial, medical or lifestyle matters Avoid an application to VCAT for the appointment of guardian/administrator

3 Powers of attorney Definition A legal document where you ( the donor ) gives someone ( the attorney ) the power to make decisions for you. There are four powers 1. general power of attorney 2. enduring power of attorney (financial) 3. enduring power of attorney (medical treatment) 4. enduring power of guardianship.

4 Enduring powers of attorney Who can make one? You must be 18 years of age and have capacity. Capacity or legal capacity means you have the ability to reason things out. You can understand, retain, believe, evaluate and weigh up relevant information.

5 Enduring powers of attorney At the time of making the appointment, the donor must be able to understand matters such as: the sorts of powers the attorney will have the sorts of decisions they will have the authority to make the effects that their power could have on the donor how to cancel the arrangement in the future

6 Enduring powers of attorney Choosing an attorney must be 18 and have capacity themselves know and understand the donor s interests and wishes have the necessary skills be trustworthy be available and prepared to do the job donor can revoke EPA while competent and appoint someone else.

7 Enduring power of attorney (financial) Instruments Act 1958 for financial and legal decisions only e.g. managing your banking, property or paying bills Note: Instruments Act 1958 was amended in 2004, but all existing and valid enduring power of attorneys made prior to this remain valid

8 Enduring power of attorney (financial) Making the appointment can specify when the power begins can appoint more than one attorney joint joint and severally alternative can place conditions/limitations on the operation of the power signing of the form must be witnessed attorney(s) must formally accept the appointment review the appointment with the donor while competent at least every two years.

9 Enduring power of attorney (financial) Responsibilities of the attorney The attorney must: act in the donor s best interests wherever possible, make the same decision the donor would have made keep accurate records of dealings and transactions made under the power keep the donor's property and money separate from their own avoid any conflicts of interest

10 Enduring power of attorney (medical treatment) Medical Treatment Act 1988 for medical treatment decisions only e.g. agreeing to medication or surgery attorney is known as the agent

11 Enduring power of attorney (medical treatment) Making the appointment can only appoint one agent can appoint alternate agent power begins when person loses capacity review appointment every two years signing of the form must be witnessed

12 Enduring power of attorney (medical treatment) Agent s powers agent can consent to medical and dental treatment, and refuse medical and dental treatment agent can only refuse medical treatment on behalf of a patient if: the treatment would cause unreasonable distress, or the agent believes that the donor would consider the treatment unwarranted

13 Enduring power of attorney (medical treatment) Limitation on agent s powers cannot consent to special procedures sterilisation termination of pregnancy removal of tissue for transplant These require consent from VCAT. cannot consent to psychiatric treatment governed by the Mental Health Act 1986

14 Enduring power of guardianship Guardianship and Administration Act 1986 for lifestyle decisions only e.g. where the person lives or healthcare they receive attorney is known as the guardian

15 Enduring power of guardianship Making the appointment can only appoint one guardian can appoint an alternative guardian cannot appoint professional carer power begins when donor loses capacity recommend to review appointment every two years

16 Enduring power of guardianship Making the appointment (cont.) can specify the guardian s powers o accommodation o healthcare o access to persons o employment can state wishes for your guardian to take into account when making decisions.

17 Summary of Enduring Power of Attorneys General Power of Attorney Decisions - Financial & some legal Starts: Immediately or when the donor specifies it will start Ends: the donor cancels it, specified date, the donor loses legal capacity, the attorney becomes bankrupt, resigns or dies the donor dies Can appoint more than one decision-maker No witnesses required Enduring Power of Attorney (Financial) Decisions - Financial & some legal Starts: Immediately or when the donor specifies it will start Ends: the donor cancels it, VCAT makes an order the attorney becomes bankrupt, resigns or dies the donor dies Can appoint more than one decision-maker Two witnesses, one authorised to witness statutory declaration. Enduring Power of Attorney (Medical Treatment) Decisions Medical Starts: when the donor loses capacity to make decisions about their medical treatment Ends: the donor cancels it VCAT makes an order the agent resigns or dies the donor dies Can appoint one decision-maker Two witnesses, one authorised to witness statutory declaration. Enduring Power of Guardianship Decisions Personal and Lifestyle Starts: when the donor loses capacity to make decisions about lifestyle matters Ends: the donor cancels it VCAT makes an order the enduring guardian resigns or dies the donor dies Can appoint one decision-maker Two witnesses, one authorised to witness statutory declaration.

18 Case study Joe, is 55 and single and has formed a very close friendship with a neighbour, Mandy. They spend hours together every day and both seem very happy in each other s company. Joe has an ABI following a workplace accident but when competent appointed his nephew Ross as enduring guardian and niece Karen as his EPA financial. Ross is very concerned about Mandy s motives, particularly as Joe received a large compensation payment. He wants to limit the amount of time Joe and Mandy spend together to one day a week. He also asks Karen if Joe has been giving any money to Mandy.

19 Case study - Resolution Ross s role as enduring guardian is to make decisions in Joe s best interest while taking into account Joe s wishes. Joe clearly enjoys spending time with Mandy and Ross should consider the social benefit to Joe. Karen, as financial attorney, is not required to provide Ross with details of Joe s financial situation unless this was required for Ross to make a decisions as enduring guardian. For example, whether Joe could afford particular accommodation or services. Ross should raise with Karen his concerns about possible financial exploitation of Joe and Karen would be wise to be alert to this potential and put in the protections as required.

20 Resources Publications and DVDs available on the OPA website or in hard copy

21 A new on-line interactive program Available on the website or on CD

22 Order Take Control Order Take Control: a kit for making powers of attorney and guardianship from: Victoria Legal Aid Ph: (03) online at by calling OPA (for single copies only, not bulk orders) on

23 For more information... OPA Advice Service Multilingual publications available Permission is required from the Office of the Public Advocate to use this material

Enduring power of attorney (financial)

Enduring power of attorney (financial) Enduring power attorney (financial) : Instructions Enduring power attorney (financial) Instructions Please read What is an enduring power attorney (financial)? before filling in the form that follows.

More information

A Guide to Enduring Power of Guardianship in Western Australia

A Guide to Enduring Power of Guardianship in Western Australia A Guide to Enduring Power of Guardianship in Western Australia Preface This guide is produced by the Public Advocate, the independent statutory officer appointed by the Western Australian Government to

More information

A Guide to Enduring Power of Attorney in Western Australia

A Guide to Enduring Power of Attorney in Western Australia A Guide to Enduring Power of Attorney in Western Australia Preface This guide is produced by the Public Advocate, the independent statutory officer appointed by the Western Australian Government under

More information

ENDURING POWER OF ATTORNEY ENDURING POWER OF ATTORNEY. ver: 2 1/06/02. Short Form

ENDURING POWER OF ATTORNEY ENDURING POWER OF ATTORNEY. ver: 2 1/06/02. Short Form Department of Justice and Attorney-General Form 2 Queensland Powers of Attorney Act 1998 (Section Form 2 44(1)) Queensland Powers of Attorney Act 1998 (Section 44(1)) ENDURING POWER OF ATTORNEY ENDURING

More information

Medical Treatment (Enduring Power of Attorney) BIll

Medical Treatment (Enduring Power of Attorney) BIll Medical Treatment (Enduring Power of Attorney) BIll No. TABLE OF PROVISIONS Clause 1. Purposes 2. Commencement 3. Principal Act 4. Amendment of section 3 5. Provisions relating to suicide and other laws

More information

PROTECTING THE VULNERABLE THE ROLE OF VCAT s GUARDIANSHIP LIST AND THE ROLE OF LAWYERS. John Billings. Deputy President. Guardianship List, VCAT

PROTECTING THE VULNERABLE THE ROLE OF VCAT s GUARDIANSHIP LIST AND THE ROLE OF LAWYERS. John Billings. Deputy President. Guardianship List, VCAT PROTECTING THE VULNERABLE THE ROLE OF VCAT s GUARDIANSHIP LIST AND THE ROLE OF LAWYERS John Billings Deputy President Guardianship List, VCAT 55 King Street Melbourne 3000 Tel (03) 9628 9911 Fax (03) 9628

More information

Fact sheet Planning Ahead Enduring Power of Attorney

Fact sheet Planning Ahead Enduring Power of Attorney Fact sheet Planning Ahead Enduring Power of Attorney What is an enduring power of An enduring power of attorney is a legal document which you can use to appoint a person to make decisions about your property

More information

Enduring Power of Attorney

Enduring Power of Attorney Protect your future with an Enduring Power of Attorney Life can be fragile an Enduring Power of Attorney means you can have peace of mind that someone you trust will make decisions for you if you can t

More information

Wills, Power of Attorney & Enduring Guardianship

Wills, Power of Attorney & Enduring Guardianship Wills, Power of Attorney & Enduring Guardianship What is a Will? A Will is a written legal document by which the person making it sets out how he or she wishes their property to be distributed after their

More information

Health Care Proxy Appointing Your Health Care Agent in New York State

Health Care Proxy Appointing Your Health Care Agent in New York State Health Care Proxy Appointing Your Health Care Agent in New York State The New York Health Care Proxy Law allows you to appoint someone you trust for example, a family member or close friend to make health

More information

Powers of Attorney in New South Wales. This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney.

Powers of Attorney in New South Wales. This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney. FACT SHEET www.lpi.nsw.gov.au March 2014 Powers of Attorney in New South Wales This fact sheet also contains the forms to make a general power of attorney or an enduring power of attorney. What is a power

More information

POWERS OF ATTORNEY WHAT IS A GENERAL POWER OF ATTORNEY?

POWERS OF ATTORNEY WHAT IS A GENERAL POWER OF ATTORNEY? What do you do if you want someone to help look after your affairs? What if you become unable to look after yourself or make decisions about your own affairs? Who can make decisions about your welfare

More information

A Leading UK Personal Injury Firm. Court of Protection

A Leading UK Personal Injury Firm. Court of Protection A Leading UK Personal Injury Firm Court of Protection Lasting Power of Attorney A Lasting Power of Attorney is a document which allows you to give legal rights to a person of your choice to manage your

More information

A Guide to Lasting Powers of Attorney

A Guide to Lasting Powers of Attorney A Guide to Lasting Powers of Attorney Why do I need a Lasting Power of Attorney (LPA)? There may come a time when you lose the ability to manage your financial affairs or make decisions about your own

More information

ADVANCE HEALTH DIRECTIVE

ADVANCE HEALTH DIRECTIVE Form 4 Queensland Powers of Attorney Act 1998 (Section 44(2)) ADVANCE HEALTH DIRECTIVE This form deals with your future health care. The time may come when you cannot speak for yourself. By completing

More information

What is a Lasting Power of Attorney?

What is a Lasting Power of Attorney? What is a Lasting Power of Attorney? A Lasting Power of Attorney is a legal document that you (the Donor) can make which allows you to choose someone now (the Attorney) that you trust to make decisions

More information

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Powers of Attorney This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Ministry of the Attorney General NOT FOR SALE Table of Contents Ontario's

More information

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories Controlling your financial future A guide to springing and enduring powers of attorney in the Northwest Territories Public Trustee for the Northwest Territories June 1, 2002 2 Table of Contents Introduction

More information

Lasting Power of Attorney (LPA) Create your LPA. Health and welfare Property and financial affairs. Office of the Public Guardian

Lasting Power of Attorney (LPA) Create your LPA. Health and welfare Property and financial affairs. Office of the Public Guardian Office of the Public Guardian 1 Lasting Power of Attorney (LPA) Create your LPA Health and welfare Property and financial affairs This page is not an official part of the form Form LPA 1 Before you start

More information

LASTING POWER OF ATTORNEY QUESTIONNAIRE

LASTING POWER OF ATTORNEY QUESTIONNAIRE LASTING POWER OF ATTORNEY QUESTIONNAIRE The purpose of this questionnaire is to gather the information needed to complete your LPA(s). We will need your full name and address etc and those of your attorneys

More information

ENDURING POWERS OF ATTORNEY

ENDURING POWERS OF ATTORNEY ENDURING POWERS OF ATTORNEY Russell Robertson Accredited Wills & Estates Specialist ofrm.com.au/epaguide The information provided in this guide is general in nature and should not be relied upon as legal

More information

NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE

NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE No one can predict when a serious illness or accident might occur. When it does, you may need someone else to speak or make health

More information

DPower of Attorney for Health Cared

DPower of Attorney for Health Cared State of Illinois Illinois Department of Public Health Illinois Statutory Short Form DPower of Attorney for Health Cared NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE No one can

More information

Wills, trusts and Probate

Wills, trusts and Probate Wills, trusts and Probate Lasting Powers of Attorney www.pannone.com A Wills, beginner s Trusts and guide Probate to purchasing property in France They are one of the UK s leading regional law firms. Family

More information

Huonville: Ph: 03 6264 2967 Hobart: Ph: 03 6220 2777 www.tlaw.com.au

Huonville: Ph: 03 6264 2967 Hobart: Ph: 03 6220 2777 www.tlaw.com.au Powers of Attorney Huonville: 8/16 Main St, Huonville 7109 DX 70754, Huonville PO Box 239, Huonville 7109 Ph: 03 6264 2967 Hobart: Level 1, 18 Elizabeth St, Hobart 7000 DX 231, Hobart GPO Box 16, Hobart

More information

POWERS OF ATTORNEY. Do the right thing see your lawyer first

POWERS OF ATTORNEY. Do the right thing see your lawyer first POWERS OF ATTORNEY Do the right thing see your lawyer first Contents 1. Powers of attorney 2. What is a general power of attorney? 3. What is an enduring power of attorney (EPA)? 4. A property EPA 5. A

More information

Understanding Personal Directives

Understanding Personal Directives Understanding Personal Directives Table of Contents Introduction... 2 What is a personal directive?...2 Why is a personal directive necessary?...2 Is a personal directive as important as a Will?...2 Is

More information

Going to a Mental Health Tribunal hearing

Going to a Mental Health Tribunal hearing June 2015 Going to a Mental Health Tribunal hearing Includes: information about compulsory treatment and treatment orders information about Mental Health Tribunal hearings worksheets to help you represent

More information

Acknowledgements. ABBREVIATIONS USED IN THIS GUIDE: AANDC Aboriginal Affairs and Northern Development Canada Public Guardian and Trustee

Acknowledgements. ABBREVIATIONS USED IN THIS GUIDE: AANDC Aboriginal Affairs and Northern Development Canada Public Guardian and Trustee Acknowledgements 2014 Aboriginal Financial Officers Association of BC Writer and Legal Researcher: Alison Sawyer, LL.B. Policy Reviewer: Katherine Blair, LL.B., AANDC BC Region Editing and Layout: Donna

More information

What s the Difference Between A Power of Attorney and a Guardianship?

What s the Difference Between A Power of Attorney and a Guardianship? What s the Difference Between A and a? And Which Would I Rather Have? What is a? Two kinds: Financial Medical Document which gives someone else authority to make medical decisions (medical power of attorney)

More information

REPRESENTATION AGREEMENT (SECTION 9)

REPRESENTATION AGREEMENT (SECTION 9) REPRESENTATION AGREEMENT (SECTION 9) Made under Section 9 of the Representation Agreement Act. The use of this form is voluntary. Be advised that this form may not be appropriate for use by all persons,

More information

LPA107. Lasting Powers of Attorney A guide for Certificate Providers and Witnesses. www.publicguardian.gov.uk

LPA107. Lasting Powers of Attorney A guide for Certificate Providers and Witnesses. www.publicguardian.gov.uk LPA107 Lasting Powers of Attorney A guide for Certificate Providers and Witnesses www.publicguardian.gov.uk Contents Introduction 4 Part A Certificate Providers 5 The role of a Certificate Provider 5

More information

Enduring Powers of Attorney. Guidelines for Solicitors

Enduring Powers of Attorney. Guidelines for Solicitors Enduring Powers of Attorney Guidelines for Solicitors Issued by the Probate, Administration and Taxation Committee May, 2004 TABLE OF CONTENTS INTRODUCTION:... 1 PART 1 EXECUTION OF EPA... 1 1.1 Who is

More information

www.step.org Why make a Lasting Power of Attorney?

www.step.org Why make a Lasting Power of Attorney? Why make a Lasting Power of Attorney? The professional body for trust and estate practitioners Why make a Lasting Power of Attorney? The The benefits benefits of of drawing drawing up up a will a will

More information

Doctors acting as health and welfare attorneys for their patients a guidance note

Doctors acting as health and welfare attorneys for their patients a guidance note BMA Ethics Doctors acting as health and welfare attorneys for their patients a guidance note February 2012 Summary box...1 Introduction...1 What is a Lasting Power of Attorney?...1 Health and Welfare Powers

More information

PRESTIGE SOLICITORS & ASSOCIATES

PRESTIGE SOLICITORS & ASSOCIATES WILL KIT Peace of mind for your whole family Level 1, 221 Merrylands Road MERRYLANDS NSW 2160 Phone: (02) 9637 5011 Fax: (02) 9637 5022 Email: admin@prestigesolicitors.com.au DISCLAIMER: Prestige Solicitors

More information

Lasting Powers of Attorney for Health and Welfare England and Wales

Lasting Powers of Attorney for Health and Welfare England and Wales Lasting Powers of Attorney for Health and Welfare England and Wales This factsheet explains what a Lasting Power of Attorney for Health and Welfare is, how one can be used, and how to make one. This is

More information

A GUIDE TO THE SUBSTITUTE DECISIONS ACT

A GUIDE TO THE SUBSTITUTE DECISIONS ACT A GUIDE TO THE SUBSTITUTE DECISIONS ACT 0-7794-2147-7 Queen s Printer for Ontario, 2000 Introduction to the Guide 03 The Subsitute Decisions Act 06 Some Important Definitions 08 Decisions About Property

More information

GUIDELINES FOR SOLICITORS PREPARING AN ENDURING POWER OF ATTORNEY

GUIDELINES FOR SOLICITORS PREPARING AN ENDURING POWER OF ATTORNEY GUIDELINES FOR SOLICITORS PREPARING AN ENDURING POWER OF ATTORNEY Law Society of NSW, December 2003 The following guidelines are intended to assist solicitors who are advising clients who wish to draw

More information

Power of Attorney FREE

Power of Attorney FREE REVISED 2015 Power of Attorney This publication tells you how a power of attorney can be used to give someone the legal power to take care of financial and legal matters for you. It explains the types

More information

2 North Meridian Street Indianapolis, Indiana 46204 March 1999 Revised May 2004 Revised July 1, 2013 ADVANCE DIRECTIVES YOUR RIGHT TO DECIDE

2 North Meridian Street Indianapolis, Indiana 46204 March 1999 Revised May 2004 Revised July 1, 2013 ADVANCE DIRECTIVES YOUR RIGHT TO DECIDE 2 North Meridian Street Indianapolis, Indiana 46204 March 1999 Revised May 2004 Revised July 1, 2013 ADVANCE DIRECTIVES YOUR RIGHT TO DECIDE The purpose of this brochure is to inform you of ways that you

More information

How To Help People With A Disability Make Decisions

How To Help People With A Disability Make Decisions Disability Services Supporting decision making A guide to supporting people with a disability to make their own decisions Department of Human Services Acknowledgements Disability Services thanks the many

More information

Understanding estate planning

Understanding estate planning Version 4.2 This document provides some additional information to help you understand the financial planning concepts discussed in the SOA in relation to. Important information This document has been published

More information

Do You Need an Enduring Power of Attorney?

Do You Need an Enduring Power of Attorney? Public Guardian and Trustee Do You Need an Enduring Power of Attorney? Public Guardian and Trustee of Yukon Justice Court Services Information Resources - Whitehorse, Yukon Office of the Public Guardian

More information

Your roles and responsibilities as an appointed administrator. Version 2.0

Your roles and responsibilities as an appointed administrator. Version 2.0 Your roles and responsibilities as an appointed administrator Version 2.0 January 2015 Table of contents The role of an administrator... 4 General principles of the Act... 4 Administrator duties... 5 Administrator

More information

A Guide for Powers of Attorney

A Guide for Powers of Attorney A Guide for Powers of Attorney NSW Trustee & Guardian can prepare a Power of Attorney to ensure your financial affairs are professionally managed. Contents Powers of Attorney: Your questions answered 3

More information

Seniors and the Law. Public Legal Information. Contents: In Newfoundland and Labrador. www.publiclegalinfo.com

Seniors and the Law. Public Legal Information. Contents: In Newfoundland and Labrador. www.publiclegalinfo.com In Newfoundland and Labrador www.publiclegalinfo.com Public Legal Information Association of NL Contents: Wills Enduring Power of Attorney Advance Health Care Directives Glossary of Terms Seniors and The

More information

IDAHO Advance Directive Planning for Important Healthcare Decisions

IDAHO Advance Directive Planning for Important Healthcare Decisions IDAHO Advance Directive Planning for Important Healthcare Decisions CaringInfo 1731 King St., Suite 100 Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National (NHPCO),

More information

Acting Under a Power of Attorney

Acting Under a Power of Attorney Knowledge ~ Compassion ~ Peace of Mind Acting Under a Power of Attorney Two Kinds of Powers of Attorney There are two kinds of Powers of Attorney documents: Power of Attorney for Property; Power of Attorney

More information

isns wills Writing a will is a good idea. It is the best way to make sure that the things you own end up in the right hands after your death.

isns wills Writing a will is a good idea. It is the best way to make sure that the things you own end up in the right hands after your death. wills isns Writing a will is a good idea. It is the best way to make sure that the things you own end up in the right hands after your death. LEGALInformation Start Here SOCIETY OF NOVA SCOTIA What is

More information

Seniors and the Law. Public Legal Information. Contents: In Newfoundland and Labrador. www.publiclegalinfo.com

Seniors and the Law. Public Legal Information. Contents: In Newfoundland and Labrador. www.publiclegalinfo.com In Newfoundland and Labrador www.publiclegalinfo.com Public Legal Information Association of NL Contents: Wills Enduring Power of Attorney Advance Health Care Directives Glossary of Terms Seniors and The

More information

CHARTER OF PATIENT RIGHTS

CHARTER OF PATIENT RIGHTS CHARTER OF PATIENT RIGHTS Welcome to QUEENSLAND COUNTRY DENTAL Queensland Country Dental will always endeavour to advise patients about their rights and the way our practice operates. Part of the process

More information

ILLINOIS Advance Directive Planning for Important Health Care Decisions

ILLINOIS Advance Directive Planning for Important Health Care Decisions ILLINOIS Advance Directive Planning for Important Health Care Decisions CaringInfo 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National Hospice

More information

A basic guide to the Court of Protection

A basic guide to the Court of Protection 1 A basic guide to the Court of Protection 2 Table of contents Page Who is this guide for? 4 What is the Court of Protection? 4 What can the Court of Protection do? 5 What is the law that applies to the

More information

A Guide for Powers of Attorney

A Guide for Powers of Attorney A Guide for Powers of Attorney NSW Trustee & Guardian can prepare a Power of Attorney to ensure your financial affairs are professionally managed. Contents Powers of Attorney: Your questions answered 3

More information

BEGINNER S GUIDE. Power of Attorney. Protecting what is important to you

BEGINNER S GUIDE. Power of Attorney. Protecting what is important to you BEGINNER S GUIDE Power of Attorney Protecting what is important to you BEGINNER S GUIDE - POWER OF ATTORNEY What is a Power of Attorney? A Power of Attorney gives someone (the Attorney) the legal right

More information

Arranging for someone to make decisions about your finance or welfare

Arranging for someone to make decisions about your finance or welfare Factsheet 22 January 2014 Arranging for someone to make decisions about your finance or welfare About this factsheet This factsheet looks at arrangements for other people to make decisions about your welfare

More information

Ten Common Questions about. Enduring Power of Attorney

Ten Common Questions about. Enduring Power of Attorney Ten Common Questions about Enduring Power of Attorney 2nd Edition Yukon Public Legal Education Association 2014 Yukon Public Legal Education Association (YPLEA) is a non-profit society providing Yukoners

More information

IT S YOUR CHOICE. Personal Planning Tools

IT S YOUR CHOICE. Personal Planning Tools IT S YOUR CHOICE Personal Planning Tools Important note: The Public Guardian and Trustee is providing this information to introduce you to some legal documents that you can use to plan for a time when

More information

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS POWER OF ATTORNEY FOR HEALTH CARE

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS POWER OF ATTORNEY FOR HEALTH CARE NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS POWER OF ATTNEY F HEALTH CARE No one can predict when a serious illness or accident might occur. When it does, you may need someone else to speak or make health

More information

Information for Patients. Advance Health Care Directive Kit A guide to help you express your health care wishes

Information for Patients. Advance Health Care Directive Kit A guide to help you express your health care wishes Information for Patients Advance Health Care Directive Kit A guide to help you express your health care wishes Table of contents PART I - REQUIRED Selection of a decision maker Who will make health care

More information

Know your medical rights.

Know your medical rights. Know your medical rights. Everyone hopes to stay in good mental and physical health. Because of technological advances, medical treatment options are available that were unimaginable just a few years ago,

More information

The Health Care Directives and Substitute Health Care Decision Makers Act

The Health Care Directives and Substitute Health Care Decision Makers Act HEALTH CARE DIRECTIVES AND SUBSTITUTE 1 The Health Care Directives and Substitute Health Care Decision Makers Act being Chapter H-0.001* of the Statutes of Saskatchewan, 1997 (effective September 1, 1997)

More information

Enduring Power of Attorney Information Kit

Enduring Power of Attorney Information Kit Enduring Power of Attorney Information Kit Enduring Power of Attorney Information Kit This Information Kit has been prepared by the Public Advocate to give people a basic understanding of enduring powers

More information

Arranging for someone to make decisions about your finance or welfare

Arranging for someone to make decisions about your finance or welfare Factsheet 22 August 2015 Arranging for someone to make decisions about your finance or welfare About this factsheet This factsheet looks at arrangements for other people to make decisions about your welfare

More information

Mental Capacity Act tool kit

Mental Capacity Act tool kit Mental Capacity Act tool kit About this tool kit ABOUT THIS TOOL KIT In 2007 the Mental Capacity Act 2005 came into force in England and Wales. It provides a legal framework for decision-making on behalf

More information

decisions. decisions.

decisions. decisions. decisions, decisions, has been has rejected been rejected in law. in It is law. inappropriate It is inappropria state that state a person that a person lacks capacity lacks capacity without without furr

More information

power of attorney how to use a power of attorney and what to do if there are problems plea online www.plea.org

power of attorney how to use a power of attorney and what to do if there are problems plea online www.plea.org power of attorney how to use a and what to do if there are problems plea online www.plea.org Public Legal Education Association of Saskatchewan 2005 (Version 1.0) This booklet has been prepared, published

More information

Planning Ahead DUNNING PLACE. Ministry of Justice and Attorney General

Planning Ahead DUNNING PLACE. Ministry of Justice and Attorney General Planning Ahead DUNNING PLACE Ministry of Justice and Attorney General Planning Ahead There are times in our lives when we may lose the ability to make decisions for ourselves. At those times, someone else

More information

Mental Capacity Act 2005

Mental Capacity Act 2005 Mental Capacity Act 2005 CHAPTER 9 CONTENTS PART 1 PERSONS WHO LACK CAPACITY 1 The principles The principles Preliminary 2 People who lack capacity 3 Inability to make decisions 4 Best interests 5 Acts

More information

WILLS AND ESTATES MAKING A WILL, OBTAINING GRANTS OF REPRESENTATION, DISPUTES & CLAIMS AGAINST A DECEASED ESTATE & ESTATE PLANNING

WILLS AND ESTATES MAKING A WILL, OBTAINING GRANTS OF REPRESENTATION, DISPUTES & CLAIMS AGAINST A DECEASED ESTATE & ESTATE PLANNING WILLS AND ESTATES MAKING A WILL, OBTAINING GRANTS OF REPRESENTATION, DISPUTES & CLAIMS AGAINST A DECEASED ESTATE & ESTATE PLANNING The most difficult time in any person s life is when a loved one is ill

More information

Giving Someone a Power of Attorney For Your Health Care

Giving Someone a Power of Attorney For Your Health Care Giving Someone a Power of Attorney For Your Health Care A Guide with an Easy-to-Use, Multi-State Form for All Adults Prepared by The Commission on Law and Aging American Bar Association This publication

More information

OPG602. Making decisions A guide for family, friends and other unpaid carers. The Mental Capacity Act

OPG602. Making decisions A guide for family, friends and other unpaid carers. The Mental Capacity Act OPG602 Making decisions A guide for family, friends and other unpaid carers The Mental Capacity Act Making decisions A guide for family, friends and other unpaid carers Helping people who are unable to

More information

Mental Capacity Act Prompt Cards

Mental Capacity Act Prompt Cards England Mental Capacity Act Prompt Cards Mental Capacity Act (MCA) in practice Applying the five principles that underpin the MCA Making capacity assessments Best Interests Decisions MCA Decision-making

More information

OREGON Advance Directive Planning for Important Health Care Decisions

OREGON Advance Directive Planning for Important Health Care Decisions OREGON Advance Directive Planning for Important Health Care Decisions Caring Connections 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 Caring Connections, a program of

More information

Trust Policy. Governance Department. Mental Capacity Act 2005

Trust Policy. Governance Department. Mental Capacity Act 2005 Trust Policy Governance Department Mental Capacity Act 2005 Document Control Author/Contact Jacquie Ruddick, Governance Co-ordinator Manager, Legal Department Document File Path EQMS No.2026 Document Impact

More information

Advance Care Planning. North Hampshire Palliative Care Service working as part of Basingstoke and North Hampshire NHS Foundation Trust

Advance Care Planning. North Hampshire Palliative Care Service working as part of Basingstoke and North Hampshire NHS Foundation Trust Advance Care Planning Advance Care Planning Caring for people at the end of their lives is an important role for many health and social care professionals. One of the key aspects of this role is to discuss

More information

ENDURING POWER OF ATTORNEY

ENDURING POWER OF ATTORNEY ENDURING POWER OF ATTORNEY Made under Part 2 of the Power of Attorney Act. The use of this form is voluntary. Be advised that this form may not be appropriate for use by all persons, as it provides only

More information

ADVANCE PERSONAL PLAN

ADVANCE PERSONAL PLAN ADVANCE PERSONAL PLAN Plan for a future where your health, financial and lifestyle wishes and opinions are heard and respected. www.advancepersonalplanning.nt.gov.au Advance Personal Plan This form will

More information

Lasting power of attorney

Lasting power of attorney Lasting power of attorney A step-by-step guide JULY 2014 Most people know how important it is to have a will but, according to research from Saga, only a tiny proportion of us have thought to make a lasting

More information

How to see your Health Records

How to see your Health Records How to see your Health Records Version 3 Produced in April 2007 Revision date April 2009 NHS SCOTLAND Who is this leaflet for? It is for people who use the NHS in Scotland. People using private healthcare

More information

ADVANCED DIRECTIVE -V- LASTING POWERS OF ATTORNEY IN PERSONAL WELFARE

ADVANCED DIRECTIVE -V- LASTING POWERS OF ATTORNEY IN PERSONAL WELFARE ADVANCED DIRECTIVE -V- LASTING POWERS OF ATTORNEY IN PERSONAL WELFARE WHICH ONE REALLY LETS YOU DECIDE? Protecting your right to choose The developments in medical science mean more lives are now saved

More information

Advance Care Planning

Advance Care Planning Queensland Health Advance Care Planning Think now. Plan sooner. Peace of mind later. CONTENTS Planning for your future care 4 What is advance care planning? 6 Why should I plan ahead? 8 Who can undertake

More information

People making decisions for you

People making decisions for you An easy read fact sheet People making decisions for you What you need to know about people making decisions for you. The Mental Health Act Code of Practice People making decisions for you Keys facts ÁÁ

More information

APPLICATION FOR COMPENSATION FORM FOR A PERSONAL INJURY (Do not use this form for claims relating to fatal injuries)

APPLICATION FOR COMPENSATION FORM FOR A PERSONAL INJURY (Do not use this form for claims relating to fatal injuries) Compensation Services 6th Floor Millennium House 17-25 Great Victoria Street Belfast BT2 7AQ Telephone: 0300 200 7887 Criminal Injuries Compensation Scheme (2009) Made under the Criminal Injuries Compensation

More information

STATE OF ARIZONA DURABLE HEALTH CARE POWER OF ATTORNEY Instructions and Form

STATE OF ARIZONA DURABLE HEALTH CARE POWER OF ATTORNEY Instructions and Form STATE OF ARIZONA DURABLE HEALTH CARE POWER OF ATTORNEY Instructions and Form GENERAL INSTRUCTIONS: Use this Durable Health Care Power of Attorney form if you want to select a person to make future health

More information

UTAH Advance Directive Planning for Important Health Care Decisions

UTAH Advance Directive Planning for Important Health Care Decisions UTAH Advance Directive Planning for Important Health Care Decisions Caring Connections 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 Caring Connections, a program of the

More information

IOWA Advance Directive Planning for Important Health Care Decisions

IOWA Advance Directive Planning for Important Health Care Decisions IOWA Advance Directive Planning for Important Health Care Decisions CaringInfo 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National Hospice

More information

STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY. Includes Amendments Required By Public Act 96-1195 Form Valid July 1, 2011

STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY. Includes Amendments Required By Public Act 96-1195 Form Valid July 1, 2011 STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY Includes Amendments Required By Public Act 96-1195 Form Valid July 1, 2011 NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF

More information

Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions.

Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions. STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY (effective January 1, 2010) IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property

More information

Money Box Live: Power of Attorney Wednesday 22 September 2010

Money Box Live: Power of Attorney Wednesday 22 September 2010 Money Box Live: Power of Attorney Wednesday 22 September 2010 Further questions about Power of Attorney in England, Wales and Scotland. Answers provided by: Caroline Bielanska, Chief Executive of Solicitors

More information

A Guide to Making a Power of Attorney. (Extracts from the official guide of the Office of the Public Guardian (Scotland))

A Guide to Making a Power of Attorney. (Extracts from the official guide of the Office of the Public Guardian (Scotland)) A Guide to Making a Power of Attorney (Extracts from the official guide of the Office of the Public Guardian (Scotland)) Introduction This guide is for individuals who wish to appoint one or more persons

More information

GUARDIANSHIP OF ADULTS

GUARDIANSHIP OF ADULTS Taylor Cochr ane Making Service A Matter of Practice Since 1835 GUARDIANSHIP OF ADULTS The material in this booklet is a compilation of in house materials developed by Taylor MacLellan and three brochures

More information

Estate Planning Council of Vancouver

Estate Planning Council of Vancouver Estate Planning Council of Vancouver Changes to Enduring Powers of Attorney Hugh McLellan Role of the Public Guardian and Trustee Kathleen Cunningham October 25, 2011 BACKGROUND 4 Adult Guardianship Acts

More information

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE Legal Techniques for MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE NH BUREAU OF ELDERLY AND ADULT SERVICES 1-800-351-1888, Extension 9203 HELP LINE TTY/TDD RELAY 1-800-735-2964

More information

Enduring Powers of Attorney Information Package

Enduring Powers of Attorney Information Package T 780.410.0544 F 780.410.0566 TF 866.410.0544 170, 150 Chippewa Road, Sherwood Park, Alberta, Canada T8A 6A2 Please click on our website address below to visit the Turning Point Law Website: http://www.turningpointlaw.ca

More information

Your Guide to Guardianships And Conservatorships in Georgia

Your Guide to Guardianships And Conservatorships in Georgia 2002 Summit Boulevard NE, Suite 300Atlanta, Georgia 30319 Phone: 404.410.6820 Fax:888.679.3040 Email:paul@pvblack.com Web: www.pvblack.com Your Guide to Guardianships And Conservatorships in Georgia Becoming

More information

UTAH Advance Directive Planning for Important Health Care Decisions

UTAH Advance Directive Planning for Important Health Care Decisions UTAH Advance Directive Planning for Important Health Care Decisions CaringInfo 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National Hospice

More information

Health Care Directives

Health Care Directives Health Care Directives DUNNING PLACE March 2011 Health Care Directives The purpose of this booklet is to outline briefly the law and practice around health care directives. This booklet is a summary and

More information