Enduring Powers of Attorney are limited in scope to property and financial matters. Victoria and Tasmanian legislation now allows the appointment of a Guardian who has the authority to make decisions concerning the welfare of a person in the event that he or she should become incapacitated. A Guardian has power to make the kind of decisions that a parent is empowered to make for a child.
In the absence of a Guardianship Appointment, an application for a guardianship order may need to be sought. A properly considered guardianship appointment can remove the need for such an application. It can also head off potential family disputes in cases where there is no clear appointment of a person to be authorised to make decisions regarding the care of aging parents or relatives.
You will soon be able to prepare Guardianship Appointments on line at the Cann Legal website for use in either Victoria or Tasmania
Posted by: Roger Cann, Fri, 7th November 2003