Kasharni Lehmann-McCall – Solicitor, Succession Planning, Wills and Estates
Many people delay future planning, often overlooking crucial legal documents that protect their interests. In Victoria, two key instruments that help safeguard your financial, personal, and medical decisions are the Enduring Power of Attorney (EPOA) and the Appointment of Medical Treatment Decision Maker (AMTDM). These can be set up by anyone aged 18 or older with decision-making capacity.
These documents ensure your financial, personal, and medical affairs are handled by someone you trust, sparing loved ones from navigating stressful legal processes during difficult times.
What is an Enduring Power of Attorney (EPOA)?
An EPOA allows you to appoint someone you trust to make financial and personal decisions on your behalf. These decisions can include managing your accounts and investments, paying bills and handling personal and lifestyle matters such as where you live. The legal authority under an EPOA continues even if you lose decision making capacity.
One key advantage of an EPOA is its flexibility. You can specify the powers you grant to your attorney (i.e financial decisions, personal decisions, or both) and when they take effect. You can also appoint multiple attorneys to handle different responsibilities, ensuring decisions are in trusted hands.
What is an Appointment of Medical Treatment Decision Maker (AMTDM)?
An AMTDM allows you to designate someone to make medical decisions on your behalf if you are unable to do so. This includes consenting to, or refusing, medical treatments such as surgeries, medications, dental work, or palliative care. It ensures that your healthcare decisions are made by someone who understands and respects your wishes.
With an AMTDM, you have the peace of mind that someone you trust will be responsible for these critical medical choices, helping to ensure your healthcare preferences are respected.
Why Are These Documents Important?
Without an EPOA or AMTDM, your loved ones may face significant challenges:
- Delays in Decision-Making and Loss of Control Over Your Affairs: If you become incapacitated and do not have these documents in place, a loved one may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) to appoint a guardian or administrator. This process can be time-consuming, costly, stressful and may delay important decisions being made on your behalf. In some cases, if no family member is available or willing, VCAT may appoint an independent guardian or administrator.
- Medical Uncertainty: Without an AMTDM or VCAT guardianship orders, healthcare professionals will follow a legal hierarchy to determine who has legal authority to make your medical treatment decisions. However, this person may not be aware of your specific wishes or may struggle to make decisions under pressure. A clear appointment removes uncertainty and ensures that the person you trust most to make your medical decision is appointed.
- Uncertainty on Financial/Personal Decisions: If you become incapacitated, your next of kin does not automatically have the legal authority to make financial and/or personal decisions on your behalf.
- Family Conflicts: Without clear legal guidance, family disputes may arise over who should make decisions, creating tension during an already emotional time.
- Future Legal Disputes: Having these documents in place prevents future legal disputes, protecting your loved ones from the emotional and financial burdens of legal processes.
Why You Should Act Now?
An EPOA and AMTDM are powerful tools that give you control over your future, providing you with the freedom to nominate an attorney of your choice. They ensure your financial, personal, and medical decisions are handled by trusted individuals, safeguarding your wishes, and providing peace of mind to you and your loved ones.
Do not leave your future to chance. Acting now can save your loved ones from emotional and financial strain in the future. Please do not hesitate to contact our office on (03) 5445 3333 for assistance in creating or updating your EPOA and AMTDM.