21:08, Aug 15, 2011

Power of Attorney

A power of attorney (POA) is a legal instrument which enables an individual to manage the financial affairs of another individual. 

Enduring Power of Attorney

An enduring POA is where a power of attorney continues to be effective even if the principal has lost mental capacity. An enduring POA applies only to financial decisions and helps clients to plan ahead in case they lose the ability to make decisions in future, whether due to illness or other cause.

Enduring Guardianship

An individual can apply to be appointed as an enduring guardian of another individual under an enduring guardianship appointment. The enduring guardian can make decisions relating to your accomodation, medical and dental care in the event that you are unable to do so through incapacity.

There are 3 steps involved to appoint an enduring guardian. The appointment must first be discussed with the chosen enduring guardian to ensure they are willing to take on the responsibility when you are no longer capable of making decisions yourself. Secondly, it is recommended the appointment be discussed with family or significant others. Thirdly, an appointment of enduring guardian form must be filled out and signed by:

  • You or an eligible signatory on your behalf;

  • The enduring guardian(s);

  • The witness for each signature.

Living Wills

A Living Will (or Personal Health Care Directive) is a statement of intention  made by an individual which details the individual's wishes in relation to what health care decisions should be made if the individual is unable to communicate because of illness of injury.

In particular, a Living Will is important because it allows you to state your wishes on the withholding or withdrawing of life sustaining measures if you become terminally ill, in a persistent vegetative state, permanently unconscious or have an illness or injury that is so severe that there are no reasonable prospects that you will recover and be able to live without continual life sustaining measures.

A Living Will also enables you to state your wishes about palliative care you would like to receive, that is, care which offers pain relief and support to patients who are dying. Your personal, religious and cultural beliefs will play a role in what decisions you wish to be made in such circumstances.

Kah Lawyers assists clients in preparing these documents  in accordance with the law and clients' personal wishes.

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