Useful Legal Tools for Meeting the Demands of Advancing Age

It was recently reported in the Sydney Morning Herald that Australia’s aging population is placing increasing pressure on hospitals. The report (available here) highlighted how, like many countries, Australia is attempting to adjust to the demands of a population that is living longer and having to spend increasing amounts of time on hospital wards. 

It is obvious that as we age our need for more care will increase. It is in this respect that the law, not just medicine, can be of help. In this blog post, the team at Szabo & Associates highlight a useful tool that we can use to ensure that we are supported as we attempt to grapple with the demands of advancing age.

How can I help to care for my elderly relative(s)?

Most people immediately think that, in growing older, only our medical needs will increase. While it is true that in most cases elderly people will need more medical care, we may also need assistance in coping with the trials of daily life. While few of us will willingly give up our independence if at all avoidable, there are certain steps that can be taken to help ensure that we live as independently as possible, while having people on hand if we find ourselves struggling and in need of help.

One of the most effective ways of being able to ensure that we get the assistance we might need is through a Power of Attorney. A Power of Attorney, sometimes described as an ‘Enduring Power of Attorney’, is a legal mechanism that allows you to appoint someone to look after you if or when you find yourself struggling to do so yourself. It is important to stress that the decision to explore appointing an Attorney must be entirely your own – any reason to suspect that the decision was motivated by pressure from someone else would invalidate any resultant Power of Attorney created. 

How exactly does a Power of Attorney work?

As mentioned earlier, a Power of Attorney is a kind of legal document that allows you to delegate some of the responsibility for caring for you to someone of your choosing. Specifically, it allows you to give someone the ability to look after you at a point – determined by you – when you are not able to do so yourself.

In terms of how much responsibility is delegated to your Attorney, you have complete control. Much will depend on your circumstances but you will be able to decide exactly how your Attorney is to help to care for you. This may well be for reasons of advanced age and to help with your medical and social care. Alternatively, it may be that you no longer wish to be troubled by having to manage daily or monthly finances. You have complete freedom to determine how you would wish your Attorney to support you. 

Another important consideration in creating a Power of Attorney is deciding when it will come into effect. Technically speaking, you can highlight in the document that the Power of Attorney is to come into effect immediately, e.g. you are suffering from ill health and need someone to manage your affairs and money while you recover. On the other hand, you may well be planning for the future and the risk that you may develop some kind of condition that inhibits your ability to look after yourself, e.g. dementia. You can make it a provision in the Power of Attorney that it will only come into effect when it is established, backed up by a medical diagnosis, that you are no longer legally competent to look after yourself. 

Powers of Attorney are primarily concerned with allowing you to make the decisions about how you will be cared for in the future. The same is also true in terms of who actually takes up the position as your Attorney – this is also a decision that you make. Generally, the position of Attorney should only be given to someone who is willing to take up the position and you trust and know to be able to look after your best interests when you can no longer look after your own needs. It is therefore wise to take some time and think carefully about who you would like to be your Attorney. It is also advisable to speak to the person you have in mind, and help them understand your mind-set and what you would like for them to do, if they decide to agree to the position. 

Create a Power of Attorney that reflects your circumstances

At Szabo & Associates, we have an increasing number of clients that approach us for legal advice and support on creating a Power of Attorney. We understand very well the concerns that many people have about growing older, and adapting to the change of lifestyle that often comes with it. Our experienced team of solicitors are here to help you prepare for this change. 

The decision to create a Power of Attorney is a very wise one. We can help you to create a Power of Attorney that accurately reflects your wishes. Our team make it a priority to give legal advice that is both comprehensive and clear, and will be happy to answer any and all questions that you have about Powers of Attorney. If you are interested in hearing more about how these documents work, or would like to speak to someone about creating one, contact us now.