Responsibilities of an attorney

Your attorney must:

• act honestly and with care
• recognise your right to confidentiality
• consider your existing supportive relationships, values and culture
• apply the general principles under the Powers of Attorney Act 1998
• comply with the health care principle under the Powers of Attorney Act 1998 if the matter is a health matter.

In relation to health care decisions, your attorney must:

• ensure any decision made contributes to your health and well-being
• choose the least intrusive method of treatment (when there is a choice)
• take into account your views and wishes
• consider the advice of your doctor or other health care providers
• comply with the health care principle.

In relation to financial matters, your attorney must:

• keep records and accounts of dealings and transactions
• keep your property separate from their own (unless it is owned jointly)
• not give away your property, and make only reasonable gifts for birthday or Christmas presents, or donations that you would normally make yourself.

Decisions that an attorney can make

You can give your attorney the power to:

• decide personal matters such as where you live and who you have contact with
• agree to most health care issues, including medical and dental treatment and withdrawing or withholding of life sustaining measures
• control your finances. For instance, they may collect your income, do your banking, pay your bills and taxes, sell or rent your home if you need the proceeds to pay for care, use your income to pay for your needs, or invest your money.

The powers of your attorney end with your death or if you decide to revoke them.

There have been cases where attorneys have behaved improperly by spending assets unwisely or selling the family home inappropriately, however they are a minority. In such cases the power of attorney can be revoked. Attorneys can be investigated and suspended if necessary.