DECISION MAKING & ENDURING POWERS OF ATTORNEY

Substitute Decision Making

If you lose capacity, who should be able to make decisions on your behalf?  We provide comprehensive services in relation to all aspects of substitute decision making.

You can take control of your future by appointing selected people to:

  • have power over your assets and finances;

  • make lifestyle decisions on your behalf; and

  • make decisions about medical treatment on your behalf.

Appointment of Medical Treatment Decision Maker

This document enables you to appoint someone to make decisions on your behalf about medical treatment if you are incapable.  We strongly advocate the preparation and signing of these by our clients, as do medical professionals and hospitals.

We also prepare Advance Care Directives and provide comprehensive advice about issues surrounding these.

Enduring Powers of Attorney

We prepare enduring powers of attorney for both financial and personal matters and we tailor these to meet your requirements.  Very substantial powers are given to whoever is appointed as the attorney.

Guardianship and Administration Tribunal

If you do not appoint an enduring power of attorney, then the Guardianship & Administration Tribunal might have to appoint someone to be your Administrator and/or Guardian.  It might appoint someone you would not have selected yourself, so it is preferable that you sign the necessary documents to appoint who you want.

We provide comprehensive services in relation to all aspects of substitute decision making.  We also make applications to the Guardianship & Administration Tribunal and appear in disputes before that Tribunal. 

Capacity

There have been many significant court cases in recent years concerning the question of whether a person had the legal capacity to make a decision or sign a document.  Measuring capacity can be a complex task. We offer experienced guidance in this field.