Power of attorney

If the person you care for can’t manage their financial or legal affairs, a power of attorney can be given to someone else to make decisions for them.

What can a power of attorney do

A power of attorney gives a person or organisation the legal right to manage the money and legal affairs of another person.

A person with power of attorney usually can’t make many decisions about the person’s lifestyle or medical treatment. These kinds of decisions usually need a guardian.

How is power of attorney given

If they can still make decisions, the person you care for may appoint someone as their power of attorney. They can choose a trusted friend, family member or a specialist organisation, such as a public trustee.

There are different sorts of power of attorney that act at different times. A power of attorney can be used for the time the person has allowed, and it stops when the person can’t make decisions any more. An enduring power of attorney can be used when the person can’t make decisions any more. You may want to set up both sorts.

Formal documents are needed to appoint a power of attorney. The documents must say what the person is authorising the attorney to do for them. It must be signed by the person being cared for and the person being appointed, as well as witnesses.

If a person can’t make their own decisions anymore and no enduring power of attorney has been given, state or territory boards can appoint someone to make financial and legal decisions for them. Each state and territory has different rules about powers of attorney. These are:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

What you should do

It’s important to plan ahead and decide what the person you care for may need now and in the future. If the person may not be able to make decisions in the future, it’s a good idea for them to appoint an enduring power of attorney when they can.

If you or the person you care for would like to appoint a power of attorney, you should talk with a legal service in your state or territory to see what you need to do. Legal Aid commissions in each state or territory provide free legal services.

If the person you care for has a power of attorney appointed, you should keep a copy of the power of attorney documents with your emergency care plan.