Enduring Powers of Guardianship
Published: November 2009
Powers of Attorney have been in existence for many decades. Although there are many varieties of Powers of Attorney that can be granted by individuals and by corporations, the Powers of Attorney which have received statutory recognition in Victoria are:
- General Powers of Attorney
- Enduring Financial Powers of Attorney
- Enduring Medical Treatment Powers of Attorney
- Enduring Powers of Guardianship.
In a group of legal articles dedicated to Powers of Attorney over a number of months we will consider the desirability of the various Powers of Attorney. The article for this month focuses on Enduring Powers of Guardianship.
The previous articles related to other available forms of Powers of Attorney may suggest that if a person has an Enduring Medical Treatment Power of Attorney as well as an Enduring Financial Power of Attorney that no further documentation would be required. However, there are circumstances in which individuals may become subject to chronic, long term debilitating illnesses or other medical conditions which confine them in institutions or into the hands of carers. The other types of Power of Attorney do not deal with “lifestyle” issues. Guardianship involves a closer and more personal concept and includes issues such as where a represented person will live, with whom they will live, what they will wear, who can visit them and any number of day to day relatively unremarkable decisions which need to be made for or on behalf of the person who cannot make those decision themselves. Persons suffering from such complaints, like Parkinson’s Disease or Multiple Sclerosis, would be well advised to put in place not only Medical Powers of Attorney and Enduring Financial Powers of Attorney, but also Powers of Guardianship.
It is important to obtain reliable legal advice - having regard to your own individual requirements– as to the appropriateness of the various available Powers of Attorney for your specific personal situation. It may be that all that you require is an Enduring Power of Guardianship but, depending upon your specific situation and requirements, it may be that it is also necessary to consider the usefulness of putting in place other Powers of Attorney, including General Powers of Attorney, Enduring Medical Treatment Powers of Attorney and Enduring Financial Powers of Attorney. These other Powers of Attorney have been considered in earlier articles.
Disclaimer
The facts and circumstances of every case are different. The above article is not intended as, nor should it be construed as, legal advice as to the subject matter of the article. Should you have legal issues that are similar to above then you should not place any reliance on the content of this article but, instead, you should seek legal advice.
Related Practice Areas: Wills & Power of Attorney
