FOLLOWING THE ARTICLE ON THIS PAGE IS A SAMPLE ENDURING POWER OF GUARDIAN WHICH A MARRIED PERSON MIGHT USE TO APPOINT A SPOUSE, BUT READ AT THE END OF IT WHY THERE SHOULD ALMOST ALWAYS ALSO BE AN APPOINTMENT OF AN ADULT CHILD - OR ONE OR MORE OF THEM – IN THE CIRCUMSTANCES SHOWN NEAR THE END OF THIS WEB-PAGE:-

“WHY ONE NEEDS AN ENDURING POWER OF GUARDIAN”

Many people have not realised that just as crucial as their up-to-date Will is an Enduring Power of Attorney in respect of their assets. An Enduring Power of Guardian can be as just as important because due to car accidents and strokes etc one does not get the opportunity to have such a document prepared sometimes until it is too late.

Then one has to go to the Guardianship Board (in South Australia).

THE CIRCUMSTANCES
It is needed to be used when a person is NOT mentally alert due to temporarily or
permanently having a condition causing brain impairment - whether from an accident ,
stroke, Altzheimers Disease etc. BUT it needs to have been signed BEFORE such event.

Accordingly, it is the Guardian – not the spouse, son, daughter or attorney - who is the only person who can sign for the entry into a Nursing Home.

Both spouses need such a document even when they are both the owners jointly of their home and they should have the document (whatever their age) because without warning one of them can have a stroke or an accident causing incapacity.

Often it is the children as “substitute” Guardians in properly prepared documents who will need to sign for a surviving parent in certain circumstances of age or illness.

THE NATURE OF THE DOCUMENT
The essential document in Sth. Aust. is a an Enduring Power of Guardian which if signed whilst sufficiently mentally alert, can be used on the person’s behalf in ANY of the above events. We are not invulnerable. God never said that christians would not get ill!

Events covered by the ENDURING POWER OF GUARDIAN are as set out below:-
     Medical and dental treatment.
     Signing documents and making decisions about other conditions affecting one’s quality of life
     and the quality of the place one might live in if incapable.
     This means the responsibility to approve (or otherwise) of the entry into a nursing home and
     determining its suitability or otherwise for the incapacitated person.

Similarly, the responsibility to approve (or otherwise) of the desirability or otherwise of the prior
     stage (often) of entry into a hostel or unit type of accommodation. Signing documents, making
     decisions about the above.

AND the important decision usually desired by a person making an Enduring Power of Guardian which is:-
     “Not to encourage the use of life sustaining equipment if the effect of doing so would be merely
      to prolong ones life in a persistent vegetative state or in a moribund state without any real
      prospect of recovery.”

Click below to view the EPG sample – AS A GUIDE ONLY – For South Australia.
      Sample.doc
      Sample.pdf

To view the .PDF format, you need Adobe Acrobat Reader.
If you do not have, download here. (free download) <http://www.download.com/>

BUT YOU ARE WARNED TO ONLY USE THE EXAMPLES TO CONSIDER WHAT YOU MIGHT WANT FOR YOURSELF AND CONTACT WILL MAKERS BY EMAIL TO HAVE SOME COMMENTS.

YOU MAY DRAFT YOUR OWN AND EMAIL FOR OUR COMMENTS WHAT YOU SHOULD DO NEXT – BU T DO NOT SIGN BECAUSE OF THE LAW RELATING TO THE VALIDITY OF WILLS. This is not legal advice.

If you are single, separated, divorced, widowed, etc you will have different aspects to consider than a married person.You need to ascertain the law relating to those aspects.