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A Guide to Choosing the Ideal Attorney

There comes a point in life when you, or your family member, may not be able to make the necessary decisions when it comes to personal welfare and finances. When you’re no longer able to look after yourself or your finances for any reason, whether through illness or age, giving someone Enduring Power of Attorney (EPA) will ensure that you and your affairs are administered and protected. This provides someone with the legal right to act on your behalf, with your best interests in mind.

Our specialist ElderLaw division has extensive experience in catering to the needs of those who are nearing retirement, aiding clients in the attorney-election process. With this knowledge, we’ve listed down the most important things you should look for when choosing the ideal attorney.

1. Choose the person you trust most

This may go without saying, but it’s crucial to reiterate: You must choose people you trust to make decisions about your care and manage your finances if you can no longer do so. They must not misunderstand or abuse the trust you place in them, and act in your best interest at all times.

2. A person with compassion and understanding of your wishes is necessary

There can only be one individual appointed with an EPA for personal care and welfare, and that person must possess compassion and understanding of your wishes. They must involve you with any decision-making process – as much as they possibly can – and have patience to communicate with you about your life and health care.

3. Persons with skills in managing financial matters for property

An EPA for property is not a task to be taken lightly. They should have the proper skills and knowledge to be able to manage your property and finances. By law, they cannot be bankrupt or be subject to a personal or property order.

4. It is best to choose an attorney who is close by and not overseas

Anything can happen and your circumstances can change at any moment, so your attorney should be close by and easy to reach in case of emergencies.

5. They should be a good communicator

This is especially true if you want other family members to be kept in the loop. As your appointed person will be a conduit for expressing your wishes, it’s vital that they can articulate this in a clear manner to anyone.

6. The care attorney should be able to work well with the property attorney

As there are two types of Power of Attorney, the individuals you choose to handle your affairs should work well together to prevent any future conflict. Often, an individual will choose to the same person to act for both personal care and welfare, and for property.

7. Family members who know you well can often be the best attorneys

Choose a family member who you already communicate well with or has a clear idea of what you may want for your future.

8. Elderly couples may be best not to appoint each other

It is best for elderly couples to instead choose their children or person younger than themselves. Ideally, the person you appoint in your EPAs will be in sound mind both when you appoint them, and when it’s necessary for them to undertake their responsibilities in relation to your EPAs.

Get legal advice from our specialist ElderLaw Team

Setting up an Enduring Power of Attorney requires a witness who will explain the effects and implications to you before you sign any documents. Here at Gillespie Young Watson, our specialist ElderLaw Team have the experience and expertise to assist you throughout the entire process – just contact us today at 04 569 3997!