Power of attorney and advance care directive
What they are, when they kick in, why both matter. The two documents that are not the will.
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What they are, when they kick in, why both matter. The two documents that are not the will.
My father had a stroke in 2019. He survived. He spent three weeks in hospital and another six in rehab, and during that time he could not sign a cheque, authorise a Medicare claim, or tell the surgeon whether he wanted a particular procedure. My mother could not do any of those things on his behalf either, because nobody had ever filled in the paperwork.
The hospital social worker did the paperwork in the end. It took eleven days. It would have taken about thirty minutes if my father had filled in two forms when he was 50.
These are the documents that govern what happens when you're alive but can't act for yourself.
Enduring Power of Attorney (financial). Names the person who can sign cheques, manage your bank accounts, deal with your super, sell or transfer property if you can't. The "enduring" word means the power survives the loss of capacity.
Advance Care Directive. Records your medical wishes for situations where you can't speak for yourself. Whether you want to be resuscitated, whether you want to be on life support, what kinds of treatment you'd refuse.
About 1 in 5 men over 40 will spend a meaningful stretch of life in a state where they're alive but can't decide. Most of us spend none of our energy preparing for it.
Each Australian state has its own form and its own register. Quick map:
The deeper detail lives in the Caring for an Ageing Parent Journey, module 2.
The forms exist for free. State governments publish them online. You can fill them in at the kitchen table.
Free DIY works for: a man in his thirties or forties, in good health, with straightforward finances, naming his partner as the attorney.
Solicitor (usually $300-$700 if added to a will engagement) for: blended families, business owners, self-managed super, international assets, difficult family dynamics.
1. Who's the financial attorney. Almost always the partner. Backup is usually an adult sibling or adult child over 25.
2. Are the powers immediate or only on incapacity. Most men choose "only on incapacity" but couples who run a business often choose "immediate."
3. Who's the medical decision-maker. Same person as the financial attorney is the most common choice.
4. What are your actual medical preferences. Spend an hour thinking about it. Talk to your partner. Write what you actually want. The hospital reads what you wrote, not what you meant.
Sign once. Sign while you can. Don't make your family do the eleven-day version.
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