Why You Need an Enduring Power of Attorney and an Enduring Guardianship
Life is unpredictable, and while we all hope to stay in control of our own affairs, sometimes we need help—whether due to illness, injury, or getting older. That’s where an Enduring Power of Attorney (EPOA) and an Enduring Guardianship come in.
These two legal documents help protect you and your interests while you are alive, ensuring that the right people can step in to make decisions for you if you can’t.
Many people assume their family can automatically take over if something happens to them, but without these documents in place, that’s not always the case.
What’s the Difference?
Enduring Power of Attorney (EPOA)
An EPOA allows you to appoint someone you trust to manage your financial and legal affairs if you are unable to do so yourself.
This can include things like paying bills, managing bank accounts, handling investments, and even selling property if needed.
You can choose when it starts—either immediately or only if you lose the ability to make decisions.
Your attorney (the person you appoint) must act in your best interests and follow any instructions you set.
Enduring Guardianship
This allows you to appoint someone to make personal, lifestyle, and health decisions for you if you lose capacity.
Your guardian can decide where you live, what medical treatment you receive, and other personal care choices.
It does NOT give them control over your finances—that’s what the EPOA is for.
Why You Need Both
Many people think a Will covers everything, but a Will only takes effect after you pass away. An EPOA and Enduring Guardianship safeguard you while you’re still alive. If you become unable to make decisions due to an accident, illness, or dementia, these documents ensure someone you trust can step in and make the right choices for you.
If you don’t have these documents in place and you become unable to manage your affairs, your loved ones may have to go through a long and costly legal process to be able to help you. In some cases, government authorities might need to step in to make decisions for you instead.
How They Help You and Your Loved Ones
Avoid stress and confusion – Your family won’t have to fight legal battles to manage your affairs.
Ensure your wishes are respected – You get to choose who looks after you and how.
Financial and health protection – Someone can make the right decisions for you when needed.
Prevent court intervention – Without these documents, a tribunal may appoint a guardian or financial manager for you, and it may not be the person you would have chosen.
Take Action Now
It’s best to put these documents in place before you need them. Life can change unexpectedly, so having an EPOA and Enduring Guardianship ensures you stay in control, even when you can’t make decisions yourself.
If you need help setting these up or want to understand more, get in touch with a lawyer who can guide you through the process. It’s a simple step that offers peace of mind for both you and your loved ones.
DISCLAIMER
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