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Choosing the right power
The four different powers of attorney and guardianship each have their own purpose and value. You need to select the powers that are relevant to your situation.
The main difference between the general power of attorney and the three enduring powers is that a general power stops when you lose capacity to make decisions. An enduring power will continue through any period of incapacity.
Be careful that you do not make things more complicated than they need to be. Choose the arrangements, and the people, that are right for you.
It is important that you spend time thinking about what you want to achieve by making the appointment. Also think about the areas of your life where you need a decision-maker.
Deciding when you want someone to make decisions for you
Thinking about the following questions can help you work out when you might want someone to be your decision-maker.
Do you want to deal with problems that are arising now or in the immediate future?
For example, do you need someone to:
- manage your financial affairs while you are away on holiday
- carry out financial transactions for you because you cannot do so yourself, either through a physical disability or geographical remoteness?
If yes, then you can appoint someone with a general power of attorney.
If you give someone a general power of attorney, that power will stop if you lose legal capacity to make decisions. This could be awkward if your attorney is in the middle of conducting business for you.
Do you want to prepare yourself for problems that might happen in the future?
For example, do you need someone to:
- manage your finances if you are unable to do so yourself, such as if you were involved in a car accident and you acquire a brain injury that affects your ability to make decisions
- make medical treatment decisions for you because you have episodes of mental illness where you cannot make decisions for yourself
- make decisions about where you will live if you cannot do so yourself because you have dementia?
If yes, then you can appoint someone with an enduring power of attorney or guardianship.
Deciding which decisions you want someone to make for you
Sometimes it is not immediately obvious which arrangement, or combination of arrangements, is best for you. For example, there are some similarities between an enduring power of attorney (medical treatment) and guardianship. Make sure you understand the various arrangements before you make your final decision.
Do you want to give someone the authority to make financial decisions, such as managing your banking and income, paying your bills, signing contracts or handling your assets?
If yes, and you have capacity, you need a general power of attorney. If you want someone to make these decisions if you lose capacity, you need to appoint someone with an enduring power of attorney (financial).
Do you want to give someone the authority to make medical treatment decisions, such as consenting to surgery or maintaining life support systems?
If yes, then you need to appoint someone with an enduring power of attorney (medical treatment).
Do you want to give someone the authority to make lifestyle decisions, such as where you will live or how your health care should be maintained?
If yes, then you need to appoint someone with an enduring power of guardianship.
More information
Choosing the right power – frequently asked questions
Enduring power of attorney (financial)
Enduring power of attorney (medical treatment)
Enduring power of guardianship
Powers of attorney and guardianship forms