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An individual may create an Enduring Power Of Attorney over one or more aspects of their lives, such as health care and lifestyle. When a person is unable to make important decisions for themselves temporarily or permanently due to incapacity, illness, injury or disability, they can legally appoint an Enduring Guardian to make personal or lifestyle decisions for them.
The LYD Enduring Guardianship allows its maker to appoint substitute guardians in cases where the guardian is not alive, incapacitated or doesn’t want the role as guardian. It is also linked with the advance health directive.
It directs the situations where the guardian acts on behalf of the maker and in the manner in which they must perform their role. The maker has the choice to authorise all functions including all decisions about healthcare and lifestyle. or only a specific set of functions for the Enduring Guardian.
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► The master document has been signed off by LY Legal and is congruent with Australian law.
General Information
An Enduring Power of Guardian (EPG) is a legal document in Western Australia that allows an individual to appoint someone to make decisions about their personal matters in the event that they become unable to make those decisions themselves. The EPG is only activated if the individual becomes incapacitated and is unable to make decisions for themselves.
The person appointed as the EPG, known as the Enduring guardian, is responsible for making decisions in the best interests of the person they are appointed to represent. The EPG can be revoked or amended at any time while the individual is still able to make decisions for themselves.
Each Australian State has its own provisions in relation to the creation of an EPG and when it applies.
Benefits
- Provides a structure for a person not able to make important decisions.
- Can be used voluntarily or on loss of capacity.
- Provides cascading Guardians where one resigns, retires, dies or becomes incapacitated.
Frequently Asked Legal Questions
What happens to any existing EPG?
If properly executed the new EPG will take precedence over an existing EPG only in those areas it seeks to take precedence. Previous EPGs can be revoked.
What happens if an Enduring Guardian dies or becomes incapacitated?
It is crucial in the planning process to determine who is to be the substitute Guardian in such scenarios.
What is the difference between an Enduring Power of Guardianship and an Enduring Power of Attorney?
An EPG is for financial and property matters and an EPOA is for personal care and welfare matters.
An Enduring Power of Guardian (EPG), is a legal document that allows an individual to appoint someone to make decisions about their personal care and welfare, such as medical treatment and living arrangements, if they become unable to do so. This can include decisions about where they live, what medical treatment they receive, and what day-to-day care they receive. The EPG does not give the appointed guardian any power over the individual's financial and property matters.
An Enduring Power of Attorney (EPA) is a legal document that allows an individual to appoint someone to make financial and property decisions on their behalf if they become unable to do so. This can include managing bank accounts, paying bills, selling property, and making investments. The EPA only applies to financial and property matters and does not give the appointed attorney the power to make decisions about an individual's personal care and welfare.
How long does this document take to assemble?
Depending on the complexity of the data, this document should take approximately 30-50 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts.
Is this document a legal document?
All master documents have been signed off by LY Legal lawyers. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”
However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by LY Legal.
The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:
“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”
Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.
Is the document easy to read?
All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.
What lawyers sign off on the LYD documents?
All LYD documents are prepared and signed off by LY Legal.
Are the LYD documents reviewed regularly?
All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is included on this website.