Power of Attorney

A power of attorney enables the person appointed by you to do on your behalf whatever you can legally do.  It may be a general power without restrictions, or it may be limited for a specific purpose or purposes.  As with the appointment of an executor in your will, you might appoint more than one attorney, and in that case appoint them to act either together or independently.

It is typical for clients to provide a Power of Attorney to a partner and/or adult children in circumstances where they travel, or may be contemplating undergoing a major medical procedure, or if because of incapacity they are unable to attend to their own affairs.  It is best practice to consider the appointment of an attorney when a will is prepared, and in any event the appointment of an attorney should be made by the time a person is in their 40's.

The Power of Attorney may be revoked at any time and the person or persons appointed as your attorney must at all times act in your best interests.

Power of Enduring Guardianship

The purpose of a Power of Enduring Guardianship is to enable the person or persons appointed to make decisions about medical issues and living arrangements on your behalf in the event that you are unable to make those decisions yourself.  It is common for a Power of Enduring Guardianship to be prepared at the same time as a Power of Attorney is prepared, although they are separate powers and therefore separate documents.

As with the Power of Attorney, you may appoint one or more guardians to act together or individually, and you may appoint alternate guardians, for example, your spouse, and in the event that your spouse were to predecease you, one or more of your children.