Power of Guardianship
What Is An Enduring Power Of Guardianship?
An enduring power of guardianship is basically the same as a power of attorney except that it allows your legally appointed representative to make decisions as to your health, treatment and lifestyle decisions if you become incapable of doing it yourself.
The power of guardianship comes into effect when you become incapable of making your own decisions, however, you can:
- Limit the functions of the guardian
- Limit the circumstances
- Give the guardian directions as to how they are to perform their duties as a guardian.
Generally, the guardian can make all the decisions you would be able to make with regard to where you live, what treatment you receive and can even commence or defend most legal proceedings on your behalf.
Just like a power of attorney cannot make decisions as to health and lifestyle, the appointed guardian cannot make financial decisions or deal with property.
Who Can Make An Enduring Power Of Guardianship?
Anyone who has full legal capacity and is over the age of 18 years can make an enduring power of guardianship. The choice of guardian is an incredibly personal matter as you must have the utmost faith in them making the right decision for you.
Can I Revoke A Power of Guardianship?
Yes, you do have the ability to revoke a power of guardianship if you continue to have the legal capacity to do so, however, in order to be effective, you must let the guardian know in writing.
When getting your power of Guardianship remade, you should ensure that the drafter includes a revocation.
How Can Anvil Legal Help?
The Principal Lawyer of Anvil Legal, Brett Owen, has extensive experience with advising and drawing up enduring power of guardianships in Western Australia. We can draft up a power of guardianship and we generally do so in conjunction with the making of your will (including living wills or advanced health directives) and any powers of attorney that need to be prepared.
We are available to visit you in your home or hospital if required and you can request an appointment by calling us on (08) 6143 5200 or making a FREE Online Inquiry here.
