What decisions can your attorney make under an enduring power of attorney?

By Pamela Wardle, Legal Practitioner Director

Under an enduring power of attorney, you may authorize your attorney to make two general types of decisions on your behalf. 

The first type has two branches: personal matters and health matters.  Personal matters concern you and your personal wellbeing, such as where you live and with whom and who takes care of you on a day-to-day basis.  Health matters are matters in which a health practitioner will usually request a decision, such as whether or not you are resuscitated, artificially hydrated or continue with life support. 

Your attorney cannot make decisions in personal and health matters unless you are unable to make those decisions for yourself. 

The second type includes financial matters, which means your attorney may deal with your bank accounts, shares, real property, government departments etc.  It is important to remember that your enduring power of attorney does not automatically authorize your attorney to step into your role as a director or trustee.

Your attorney can make decisions in financial matters from a time of your choosing (usually governed by your personal circumstances) and this power “endures” when you lose capacity to make decisions for yourself. 

You do not need to give your attorney the power to make all types of decisions nor do you need to appoint the same person for both types of decisions. 

Who to appoint as your enduring attorney under an enduring power of attorney can be a very complex decision.  Make an appointment to see us to discuss the multitude of factors which may affect who you appoint and the decisions you allow them to make.