Supportive Powers of Attorney

If you or someone you care for requires assistance in understanding, making or executing personal and financial decisions, then you may want to prepare a Supportive Power of Attorney.

The aim of a Supportive Power of Attorney and Medical Decision Supportive Person is to empower you or someone you are caring for to make decisions for themselves.

What is a Supportive Power of Attorney?

A Supportive Power of Attorney appoints a person (a ‘supportive attorney’) to give effect to any decisions made by the principle, which can include:

1. Make phone calls to banks, utility companies and government institutions;
2. Retrieving information on the persons behalf to assist the principle in making an informed decision;
3. Accessing, collecting or obtaining personal information on the principles behalf; and
4. Disclose authorising information on the principles behalf such as answers to security questions or personal information.

If you do not want your supportive attorney to do one of more of these things for you, then you can appoint them on a restricted basis, allowing the supportive attorney to only assist you with the things that you want them to.

There are some decisions that a supportive attorney cannot assist you with, these are decisions relating to significant financial transactions. A significant financial transaction includes:

1. Making or continuing certain investment;
2. Undertaking real estate transaction include those involved in a residential lease;
3. Dealing with land such as taking out a loan or giving a guarantee on behalf of the principal;
4. Transaction involving using the principal’s property as security for an obligation; and
5. Buy or sell substantial person property.

What is a Medical Decision Supportive Person?

A Medical Decision Supportive Person appoints a ‘support person’ to assist you or someone you care for to make medical decisions. A support person can:

1. Communicate a decision to health care professionals;
2. Seek information about a decision on behalf of the principal;
3. Disclose authorised information on the principles behalf such as previous medical history or treatment preferences; and
4. Attend appointments with you and write notes for your future reference.

Who to Appoint?

When appointing a support person, it is important to consider whether the person you are appointing:

1. Is willing to listen to, and act on, your wishes rather than their own;
2. Is trustworthy;
3. Has the skill and time required to act in this role;
4. Is willing to take on the role with all its responsibilities;
5. Can communicate effectively; and
6. Understands and respects you, your culture and connections with your community and family.

VCAT Appointed Supportive Guardians and Administrators

VCAT can appoint someone as a supportive Administrator to assist another person in understanding, making or executing personal and financial decisions. They can also appoint someone as a supportive Guardian to assist another person in understanding, making or executing medical decisions.

VCAT specifies that a supportive administrator or supportive guardian can be appointed to help adults who have:

1. A neurological or intellectual impairment;
2. A mental disorder;
3. A brain injury;
4. A physical disability; or
5. Dementia.

Some appointed to be a person’s supportive administrator can assist a person with decisions relating to buying or selling property, communicating with banks, dealing with investments and paying utility bills.

Someone appointed to be a person’s supportive guardian can assist a person with decisions relating to living arrangements, work arrangements, medical treatment and accessing services.

Talk to one of our Wills and Estate Planning team members today.