At the same time as considering your will we strongly recommend that you also put in place plans for any future incapacity through an enduring power of attorney, appointment of medical treatment decision maker and/or guardianship documents. This will ensure that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements then the person or persons who you trust to make these decisions can do so unhindered.
Recent changes to medical decision making laws
Medical decision making laws changed on 12 March 2018 when the Medical Treatment Planning and Decisions Act 2016 commenced.
Appointing someone to make medical treatment decisions
A person can now appoint a medical treatment decision maker with authority to make medical treatment decisions. A person no longer makes a medical enduring power of attorney to do this.
A medical enduring power of attorney made before the law changed is recognised under the new Act. This means there is no need for legal documents made before 12 March 2018 to be redone.
Enduring power of attorney
A person can still make an enduring power of attorney to appoint someone with authority to make decisions about their financial and personal matters. It is important to note that personal matters no longer includes health care matters.
Contact us to discuss your matter.