Page 24 - PR Mag May19

HEALTH CHECK FOR YOUR ENDURING POWER OF ATTORNEY

Medically speaking, we all know that a regular health check-up with your Doctor (even when we are not sick) can detect and cure
health problems before they become unmanageable. In many ways, the same practice should be followed with legal documents
such as Enduring Powers of Attorney and Wills.
For Enduring Powers of Attorney, below is part one* of a short quiz that everyone should take:
1. Do you have an Enduring Power of Attorney? If not, did you know that if you were to become incapacitated, two Government
Departments will take over the control of your life. The Public Trustee will manage your finances and the Adult Guardian will
handle health decisions. By preparing an Enduring Power of Attorney however, you instead will be able to nominate the
people that you choose to make those decisions for you.
2. Is the Power of Attorney expressed as a “General” Power of Attorney or an “Enduring” Power of Attorney? If only a General
Power of Attorney, the onset of incapacity will actually revoke the power of attorney meaning you are back with the Public
Trustee and Adult Guardian.
3. Was your Power of Attorney signed up before 1998? If yes, the Power of Attorney will relate only to financial matters. To
extend the Power of Attorney into personal health matters, a new Power of Attorney needs to be prepared now.
4. Have you appointed a backup Attorney? A “backup Attorney” is the person or persons who will step in to perform the role if
the first choice of Attorney is unable or unwilling to do the job. If you do not have a backup Attorney, then you are back with
the Public Trustee and Adult Guardian.
Many Law Firms will be able to review your existing Power of Attorney in just a few minutes often, for no or only a small charge.
If you don’t have an Enduring Power of Attorney, the same Lawyer will be able to discuss what you may need. Compared to the
consequences of having no Power of Attorney or one which is defective, for peace of mind, it is worth your while to have your
situation checked over.
* Part 2 of this quiz will appear in the next edition of North Lakes Now Magazine and the whole quiz is presently available on our
website at www.zandelaw.com.au

Joshua Zande is a Solicitor at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery
Drive, North Lakes. To contact Josh for advice, phone 3385 0999.

The information in this article is merely a guide and is not a full explanation of the law. This firm cannot take
responsibility for any action readers take based on this information. When making decisions that could affect
your legal rights, please contact us for professional advice.

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