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Frequently Asked Questions
Who can make a Power of Attorney or Advance Health Directive?
Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.
When should I make a Power of Attorney or an Advance Health Directive?
Right now, before you need it is the best possible time, especially if you are going into hospital, or if you have a medical condition which could deteriorate and diminish your ability to make decisions.
Who should I appoint to be my Attorney?
You need to appoint someone your trust to make the right decisions. You can appoint more than one person if you wish, and you can specify exactly how they make their decisions jointly or separately. For financial decisions, make sure that the person you appoint has the necessary skills to deal with your finances.
Who should I talk to about it?
It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also necessary for you to discuss your Advance Health Directive with your doctor, as they can explain the terminology involved. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.
Do I need a witness?
Yes, it’s really important that your signature is witnessed before lawyer, a notary public, a commissioner for declarations or a justice of the peace. Your witness cannot be your attorney, a relative or a relative of your attorney, a health care provider or paid carer. With an Advance Health Directive your witness cannot be a beneficiary under your will.
Can I change my mind?
Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.
