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Enduring Power of attorney

Discussion in 'Legal Issues' started by Fernfurn, 7th Jul, 2015.

  1. Fernfurn

    Fernfurn Active Member

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    When setting up an EPA would you be better to name your partner to make decisions to "pull the plug" or one of your children? I have heard its better not to have your children as they can't make a rational decision where "Mum" is concerned, however would you be just as scared your partner might make it too soon??
     
  2. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Does she like you ?

    A lawyer may recommend that a decision be made jointly by any / all of them together. An EPA isn't what you want though. Power of Guardianship covers matters of health care decisions. Did you know without it the HOSPITAL make the choice. Not the spouse.....

    You need to discuss this stuff with a lawyer it seems.
     
  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    a POA only deals with financial and contractual matters. For plug pulling you would need a Enduring Guardian - in NSW anyway but the names differ from state to state.

    Who do you trust more? Could either benefit by pulling the plug?

    In America now there is an interesting case involving Wittney Houston's daughter who is in a coma and unlikely to recover. It is costing a fortune per day to keep her in hospital and the attorney wants to pull the plug - but the attorney is also the major recipient of the estate if she dies. So there are also sorts of complications and allegations.

    Perhaps best to have someone who won't benefit under your will or the intestacy laws.
     
  4. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    An advanced health care directive may also be prudent to allow the patient to express how they want to be treated in certain events. My mum had a DNR (Do Not Resus) directive which Dad and I had to enforce (present) in the ER. As soon as we dragged it out they were cool with it and un-intubated her and took her off support. Her instructions were if she had another stroke and needed intubation she didn't want it - Didn't want to be a bed ridden vege. ACDs need to be known and held by carers and hospital staff.

    http://www.publicguardian.qld.gov.a...9408/Advance-Health-Directive-Form_Form-4.pdf
     
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  5. Darlinghurst Boy

    Darlinghurst Boy Well-Known Member

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    Yes my Mum also had a do not resusciate when she was dying of cancer.
    Something i will never forget is the doctor asking me if he could give Mum more morphine, i said yes, which obviously resulted in her death.

    She told me as her Enduring Guardian not to resusciate something i still regret today.
    But thats what she wanted,that was the first time I saw what Cancer does to someone.
     
  6. KateAshmor

    KateAshmor Victorian conveyancing lawyer Business Member

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    An Enduring Power of Attorney (Medical) is the relevant document to prepare in Victoria. It enables the appointed attorney to make medical decisions when you have lost capacity, including "pulling the plug".

    Who you appoint as your attorney is very important, to ensure your wishes are respected. You can leave specific instructions in the document about what is to occur in certain circumstances. You can even state that certain medical evidence will be required in order to terminate life support or withdraw treatment.

    Best to speak with other family members too, so everyone is clear about what your wishes are, should the time come.