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The Power of Attorney versus the Advance Care Directive

What are the differences between a POA and an ACD?

A Power of Attorney only deals with legal and financial matters. To give someone the right to make decisions about your welfare or medical treatments as well as non-financial issues, you need an Advance Care Directive.

An Advance Care Directive enables you to:

  • write down your wishes, preferences and instructions for your future health care, end of life, living arrangements and personal matters; and/or
  • appoint one or more Substitute Decision-Makers to make these decisions on your behalf if you are unable to make them for yourself.

A Power of Attorney can help you to:

  • appoint one or more donees (persons who have been given a POA) to manage your financial and legal affairs

By making both an Enduring Power of Attorney, which covers legal and financial affairs, and an Advance Care Directive, you are essentially making a ‘living will’, to ensure your wishes are known if you become unable to make decisions for yourself when you are alive.

@  Is it a must to register a Power of Attorney?

A Power of Attorney does not need to be registered unless it is being used on the donor’s behalf in respect of the transfer of, or other dealing with land and real estate.

If the Power of Attorney is being used for this purpose, the original document must be registered at the ACT Office of Regulatory Services with a little fee.

The Power of Attorney versus the Advance Care Directive
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