When you are seeking to get a Power of Attorney in Perth, it is necessary that you know the distinction that makes an Enduring Power of Attorney more convenient for whatever reasons it potentially serves.
- Hoe Lawyers provides assistance and legal advice in Perth for your applications in securing an Enduring Power of Attorney. That said, what makes it any different from an ordinary Perth Power of Attorney?
Primarily, the Enduring Power of Attorney enables the donee or appointee to continue managing the donor or appointer’s property and financial affairs even after the latter loses the mental capacity of sound judgment to make decisions.
That being said, an ordinary Power of Attorney offers the same capacity, but its coverage ends when the donor loses legal or mental capacity.
- In providing security over your estate and to protect your loved ones’ future, an Enduring Power of Attorney in Perth allows you to decide on its scope and limitation and it also allows you to cancel the agreement at any time. This ensures that in the untimely event of incapacitation, your finances are utilised according to your plans and vision.
- As a law firm with years of experience in Estate Law, Hoe Lawyers is committed to helping you look out after your best interests. This includes providing excellent and affordable legal advice on the expansive areas of the law. So, whether you’re seeking to obtain a Power of Attorney (EPA) or an Enduring Power of Guardianship (EPG), don’t hesitate to reach out and let’s discuss your options.
We have worked with over hundreds of clients in the last decade or so, and we continue to keep our clients satisfied by helping them understand how Enduring Guardianships and Power of Attorney play a significant role in moving forward in life.
Why Do I Need an Enduring Power of Attorney and Guardianship?
What are the differences between the Enduring Power of Attorney and Guardianship in Perth?
First off, the Enduring Power of Attorney refers to the legally binding document of agreement that empowers an individual to determine and appoint another person or a group of trusted people to make decisions on their behalf. This power applies to all financial affairs and property-related concerns.
This agreement is a deliberate action that anyone over the age of 18 with full legal or mental capacity can execute. It is important to note that the Power of Attorney cannot be made by an individual on behalf of someone who does not have the mental capacity to comprehend the statutes of the agreement.
On the one hand, the Enduring Power of Guardianship also refers to a legally binding document that serves to authorise an individual to make decisions concerning your lifestyle and medical treatment, should the time come that you no longer have the capacity to making these decisions yourself. The appointed guardian gains the legal rights to determine important matters in your life, such as place of residence, support services and types of treatment options that you undergo.
This type of agreement comes with the same requirements as the Power of Attorney; it needs to be made by someone of 18 years or older and has the legal and mental capacity to understand the implications of the said agreement. The donee must also comply with these requirements.
So, in differentiating between the two, the main elements to consider are the scope and limitation of the powers. Hoe Lawyers can help you go through these in detail and provide you the necessary legal advice on which powers best apply to your situation.
How Can I Use the Enduring Powers of Attorney and Guardianship?
As earlier described, the Enduring Powers of Attorney and Guardianship in Perth empower the donee to make decisions on behalf of the donor, which can impact the latter’s well-being. These powers serve to effectively manage the Last Will and Testament when an individual can no longer participate in the decision-making process.
It is best to apply for these powers whilst you’re at the prime of your health. You can always choose to update these agreements as you go along in this journey that is life.
Our lawyers have years of experience in handling Estate Law, so you can trust that you’ll get the legal services pertinent to your specific needs.
How Can I Benefit From an Enduring Guardianship?
In the unfortunate event that an individual can no longer make decisions, an enduring guardianship allows a trusted loved one or the donee to make these decisions for them.
An enduring guardian’s responsibilities can include the following, relative to what the donor defines in the agreement:
- Choose the place where the donor resides, both temporarily and permanently
- Choose the people to live with the donor and the people around the donor, such as friends and visitors
- Decide on all matters related to the donor’s profession, should the donor be capable to render work
- Decide on all types of healthcare treatments that the donor undergoes, whether medical, surgical or dental
- Decide on the education or trainings that the donor receives
- Represent the donor in all legal proceedings apart from any matters related to the donor’s property and estate
- Access relevant information on behalf of the donor
At its core, the Enduring Power of Attorney Guardianship offers you a legal method to control your life with the help of a trusted loved one, ensuring that your preferences and wishes are fulfilled.
Get Legal Advice in Perth on the Enduring Powers of Attorney from a Trusted Law Firm and Live Life to the Fullest
Many decision-making disabilities are due to sickness, accidents or traumatic experiences
One can never really know what the future holds. Losing the capacity to make decisions or be physically present to attend to your financial affairs is never planned or wanted. But if it does happen, having completed an Enduring Power of Attorney in Perth enables you to still control certain aspects of your life.
Make sure that your loved ones are protected and that your estate serves your best interests even when you’re incapacitated. Hoe Lawyers can provide you with all the legal advice to help you extend your vision, so you can live your life worry-free.
You can appoint more than one attorney
The law allows you, as a donor, to appoint more than a single individual as your donee. This is defined accordingly:
- A sole attorney is a single person, such as your spouse or partner, or agency
- Joint attorneys are two people who collaborate and co-decide on all matters relevant to the donor
- Joint and several attorneys are two people who can either co-decide or do so independent of each other
When completing the Enduring Power of Attorney, it is critical that you choose a donee who you can trust with your life. So, in appointing more than one person, you will also have to consider if they can co-manage your lifestyle or financial affairs, so it is necessary to also state which type of appointment is the most suitable.
Keep yourself protected from financial abuse with an Enduring Power of Attorney and Guardianship in Perth. Rest assured that should your donee turn rogue, the State Administrative Tribunal can end the appointment of power and choose another administrator to take care of your financial affairs instead.
Hoe Lawyers, a trusted law firm in Perth, is committed to looking after your best interests and providing you with excellent and affordable legal services.
Hoe Lawyers provides detailed legal advice in both written and verbal forms. We’ll walk you through the entire process in obtaining Enduring Powers of Attorney and Guardianship in Perth.
Consult with a trusted law firm grounded on Christian ethos and gain the clarity you need to proceed with obtaining legal services such as Enduring Powers of Attorney and Guardianship.
Gain the capacity to grasp ideas of what they can expect in terms of legal action.