In the early stage of your HD, while you are still capable, it is advisable that you sign Enduring Powers of Attorney (EPOA) and/or Guardianship to appoint someone you trust to look after your affairs in the event that you lose the capacity to make decisions, either temporarily or permanently. As the name implies, the power continues (endures) through mental incapacity, that is if and when you are unable to understand and make decisions for yourself. The power lasts until your death unless you revoke them or are terminated by the Victorian Civil and Administration Tribunal (VCAT).

The powers granted by the Enduring Powers of Attorney give your appointed person the right to do most things necessary to ensure you are well cared for. There are three different powers, each with its own purpose and area of decision-making.

Enduring Power of Attorney – Financial (EPOA-Financial)

• This power gives the appointed person authority to make financial and legal decisions on your behalf. This power can take effect immediately, on specified date, or if and when you become mentally incapacitated. 
• The powers given to your appointed person can be as extensive or as restrictive as you choose. They may be responsible for all your financial and legal transactions, or may be responsible for only some, such as writing cheques and paying bills. However extensive or restrictive their powers are, the appointed person is obliged to treat you with dignity and respect, and to consider your needs, wishes and rights at all times.

Enduring Power of Attorney – Medical (EPOA-Medical)

• This power gives the appointed person authority to make medical decisions on your behalf and takes effect from the time you become incapacitated. 
• Your appointed person holds the same right to accept, request or refuse treatment that you had previously and is obliged to make the same decisions they believed you would have made. Take the time and ensure that your proposed guardian is aware of your personal views and desires, so they can take account of them when making decisions on your behalf.

Enduring Power of Attorney – Guardianship (EPOA-Guardianship)

• This authority governs personal and lifestyle decisions on your behalf and takes effect from the time you become mentally incapacitated. 
• The powers given to your guardian can also be as extensive or restrictive as you choose. They may be responsible for all your lifestyle decisions, such as where you live, whom you live with, where you work, who can visit you, and what health care you receive. Alternatively, they may be responsible for only some decisions, such as whom you live with. 
• If you don't specify the powers you wish to confer on your guardian, their power automatically defaults to that of a parent over their child, which include making personal day-to-day decisions, as well as decisions about accommodation, general lifestyle and employment.

Which powers do I need?

The powers you need will depend on your wishes, your personal, financial and family circumstances. Provided all legal requirements are met, you can implement any of the above EPOA, and appoint whoever you wish to take on those powers. You may choose to make only an EPOA-Medical, or you may choose to make all three EPOA or guardianship. In the same way, you may choose to appoint only one person for all powers, or you may choose different people for each of the different EPOA's.

When deciding which powers to make, take note of the types of decisions covered by each document. An EPOA-Guardianship covers only lifestyle and personal decisions and does not cover legal and financial decisions. The same goes with EPOA-Medical where it covers only medical decisions and not personal, lifestyle, financial or legal decisions. Also, an EPOA-Financial covers only legal and financial decisions although these can impact on personal and lifestyle decisions, such as when buying/selling or leasing a house to live in, or when choosing an aged care facility.

Although these powers cover different areas, note that there is a potential overlap between an EPOA- guardianship and EPOA-Medical in relation to medical decisions because both have the power to make medical decisions. However, in practice, a guardian can make medical decisions only if there is no medical attorney. If a medical attorney has been appointed, their decisions take precedence over those of the guardian.

How can I appoint a power of attorney?

Forms for appointing a power of attorney are easy to complete. You can get them from your lawyer, law stationers or most newsagencies. You need to have a completed form witnessed by two independent witnesses not related to you. One of the witnesses must be a person authorised to take statutory declarations. You can obtain general advice and may be able to get the relevant form from your local community legal centre.

Get More Information

The Office of the Public Advocate has fact sheets on the different types of powers of attorney.

The information in this section is necessarily brief, and may not be relevant to every situation. Powers of attorney are sometimes complex. You may need specialist advice.

Guardianship and Administration

The Victorian Civil and Administration Tribunal (VCAT) can appoint a guardian or administrator for people who are no longer able to make decisions for themselves. If there are problems dealing with your affairs, or if there is conflict about your best interests, and you have not appointed someone in the position of EPOA financial, medical and/or guardianship, you may consider applying for the appointment of a guardian or administrator from VCAT.

The Office of the Public Advocate (OPA) are available to discuss any of your concerns in relation to the above enduring powers of attorney and are required to promote and respect the best interests of those with a disability. However if you are reluctant to contact OPA, Huntington's Victoria can be contacted for preliminary discussions however you will be referred back to the experts at OPA for further support.