The Difference Between an Enduring Power of Attorney and an Appointment of Enduring Guardian

The Difference Between an Enduring Power of Attorney and an Appointment of Enduring Guardian

If you live in NSW, you will notice that your Estate Planning requires a Will, a Power of Attorney and something called an Appointment of Enduring Guardian. This is because NSW splits the ACT Enduring Power of Attorney document into two. Most people will appoint the same people for both, but there are some crucial differences between the two.

Enduring Power of Attorney

Your Power of Attorney has the ability to operate all of your financial matters while you are incapacitated. This includes managing bank accounts, buying or selling property, managing investments and collecting rent.

Appointment of Enduring Guardian

Your Enduring Guardian manages your personal and health matters. They can make decisions regarding any care you may receive, what medical treatment you receive, and if you should enter into any assisted living facilities such as aged care.

Both documents have some similarities, however: they will both need to be appointed by you, you can appoint more than one person, a substitute and you can impose limits on your Attorney/Guardian’s power.

If you have any questions about your estate planning, please do not hesitate to contact me. I am here to help.