Hi, I'm Margaret Antunes from Antunes Lawyers, and today I'd like to talk to you about enduring power of attorney and enduring guardianships.
From birth to the age of 18, your parents make all your financial, medical and care decisions for you. The minute you turn 18 you become an adult. From that point onwards, no one has the power to make those decisions for you.
If while you're an adult something happens, you have an illness, you have an accident, you become of unsound mind, you can't mentally function, you lose your marbles you go nuts, unless you have an enduring power of attorney for financial decisions and an enduring guardianship appointment for medical care decisions, the Guardianship Tribunal will make an order appointing the trustee and guardian to take a care of all of your financial matters and sometimes, your personal and medical decisions also, and charge a fee.
What's wrong with the trustee and guardian being appointed your financial manager? Well, they are a government department, and although well-meaning, they have their own agenda and they're driven by the political agendas of the government of the day. And often, their agendas don’t align with the agendas of your family and loved ones, or with what you would have wanted to happen.
The alternative is, a family member or friend, can make an application to the Guardianship Tribunal for them to be appointed your financial manager and your personal manager. If they succeed in that case, and get those orders appointing them as your private financial manager and your personal manager, they have to report to the trustee and guardian periodically and the trustee and guardian will still charge fees for the work.
Every person, should from the moment they turn 18, do an enduring power of attorney for financial decisions and an enduring guardianship for medical and personal decisions, particularly parents. A as a parent you make all of your children's decisions up until the age of 18. Every parent should have their children, minute they turn 18, make an enduring power of attorney and an enduring guardianship, appointing the parents to enable the parents to make all the financial decisions and all the medical care decisions should they become incapacitated.
This is a simple process with proper advice. Come and see us at Antunes Lawyers. We look forward to seeing you.