Do I need an Enduring Power of Guardianship?
An enduring power of guardianship (EPG) is a legal document that appoints a person (or persons) to make medical treatment, lifestyle and housing decisions on your behalf if you become unable to do so yourself.
For example, if you develop dementia and cannot support yourself independently, you guardian would decide whether you can continue to live in your home and, if so, what kind of in-home care you should receive. Your guardian would also consulted by your medical practitioners about what kind of medical treatment you should receive.
Your EPG only comes into effect when you lose the capacity to make reasonable decisions on your own.
Why Do You Need an Enduring Power of Guardianship?
If you do become incapacitated, someone will need to make medical and lifestyle decisions for you.
By the time you are incapacited it will, of course, be too late for you to make an EPG appointing your preferred person. As such, it is important to make your EPG now, whilst you still have capacity to consider who you want to appoint.
If you don’t make an EPG and then lose you mental capacity, your family members or other interested persons will need to apply to the State Administrative Tribunal (SAT) to be appointed to make these decisions, which can be time-consuming, costly and stressful.
If there is any disputes and conflicts of interest amongst your family members, then the SAT may appoint the Public Advocate to manage your affairs.
Who Can Be Your Guardian?
You may appoint any person over the age of 18 years to be your guardian.
Your guardians can appointed on the following basis:
A sole guardian (one person).
Joint guardians (two people who must agree on decisions).
Substitute guardians to act if your primary guardian(s) is unavailable.
It goes without saying that your guardians must be someone you can trust to manage your l affairs in an honest and competent manner in your best interests.
Your guardian must accept the appointment, so you will need to discuss it with them before they are appointed.
Why Use Our Legal Services to Draft Your EPG?
At East & Associates we will ensure that your EPG is carefully drafted to reflect your wishes and conform with the relevant legal requirements.
Office Address: 185 Railway Parade, Maylands WA 6051
Email: terrence@eastandassociates.com.au
Tel: 0403 632 777
