What is an enduring power of guardianship?
It is a power created by a document wherein one
person appoints another person or persons to make medical and lifestyle
decisions in the event of the mental incapacity of the donor person. The
document can specify your wishes as to medical treatment, accommodation
and lifestyle in the event that you are mentally incapable of so doing.
What is a medical agent?
It is a person appointed to consent to or refuse to
medical treatment. The medical agent has no authority to make lifestyle
type decisions but can make medical decisions should the person making the
appointment be unable to make their own decisions through incapacity.
Can the enduring guardian and medical agent be the same person?
Yes. It is possible to appoint the same person as
both Enduring Guardian and Medical Agent. This can be done in the same
form for simplicity and cheapness
Who can I appoint as my enduring guardian or medical agent?
Any adult person who is not involved in a
professional or administrative capacity with your medical care or
treatment. For example, your spouse or partners children or friends can be
appointed.
Does my guardian have to observe my wishes?
Yes, your guardian or medical agent must:
-
take account of your wishes as previously
expressed by you
-
take account of your present wishes if they could
be ascertained
-
take account of existing arrangements in place
for you
-
take account of the necessity to take proper care
for you.
What is the difference between a power of attorney and either an
enduring guardian or medical agent?
A person holding a Power of Attorney is authorised to
make decisions in relation to your financial affairs only. Enduring
Guardians and Medical Agents are appointed by separate documents to the
Power of Attorney. A medical agent, if separately appointed to your
guardian, makes medical decisions only. An enduring guardian makes
lifestyle and medical decisions if no separate medical agent is appointed.
Why should I appoint an enduring guardian?
There are several benefits:-
-
an appointment can avoid family disputes about
medical care
-
medical care is easier for hospital staff as the
appointee can consent to, or refuse, specific medical treatment.
If you have not appointed an enduring guardian, and
you become mentally incapable of making decisions about your lifestyle.
accommodation or medical treatment, then an application may have to be
made to the Guardianship Board. The necessary paperwork needs to be
prepared and lodged with the Board and then there is a hearing. This delay
and paperwork can be avoided if you have already appointed a guardian or
medical agent.
How do I appoint a guardian and/or Medical Agent?
You should see a solicitor as the document needs to
be in a particular form and witnessed to be valid.
For more information
contact:
Tony Rice or
Joan Sedsman
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