In simple terms, a Power of Attorney is a document which empowers somebody to act for the principal to do things of a commercial nature, such as operating bank accounts, entering into contracts and buying and selling property.  On the other hand, an Enduring Guardianship authorises the enduring guardian to act for the principal when the principal gets to a stage in life when they are unable to look after themselves and to make decisions for the principal about their healthcare and accommodation.

In simple terms, a Power of Attorney is a document which empowers somebody to act for the principal to do things of a commercial nature, such as operating bank accounts, entering into contracts and buying and selling property.  On the other hand, an Enduring Guardianship authorises the enduring guardian to act for the principal when the principal gets to a stage in life when they are unable to look after themselves and to make decisions for the principal about their healthcare and accommodation.

The form of Enduring Guardianship that we prepare is one which, in simple terms, provides that if the principal gets to a stage in life where they cannot manage their person, they are to be provided with normal medical treatment, but if the principal gets to a stage where there is no quality of life and no hope of recovery, then the medical treatment they receive is to be limited to keeping them as comfortable and pain free as possible with no major medical intervention intended to prolong their life.  In other words, if they get to a stage where there is no quality of life and no hope of recovery, they are to be allowed to die naturally, whilst at the same time to be kept as pain free and comfortable as is possible in the circumstances.

We recommend that if you are going to appoint an attorney or an enduring guardian, you also consider appointing substitute appointees, so that if the person appointed in the first instance cannot or will not act, then the substitute appointee is able to step into their shoes.

Doing a Power of Attorney or an Enduring Guardianship is a way of planning for the future.

We can offer helpful advice and assistance to you about doing a Power of Attorney or an Enduring Guardianship, contact Pritchard Law Group today.

Paul Pritchard