An important part of your Longevity Plan is deciding who you would like to act and speak for you if you cannot manage for yourself. Such people become your substitute decision makers. They can represent you in two key areas – your health and general welfare, and your finances.

The skills and attributes of these areas suggest different people might need to be involved. Importantly, this also acts as a cross-check on their actions.

A substitute decision maker has legal and ethical responsibilities. In Australia, these can vary
between States.

Health and General Welfare Decision Maker

Often called a guardian, this appointee (in some States there can be more than one) needs to understand you and your family. An Enduring Guardian can make decisions for you when you can’t.

They should be prepared to advocate clearly and make decisions on your behalf when talking to your doctors, other health professionals, family members and others who may influence your general welfare, such as aged care (see My Aged Care).

Advance Care Planning

Appointing who you want to be responsible for your health and general welfare is an important part of Advance Care Planning, which helps planning for your health care when you cannot manage it yourself. The role of a health and welfare substitute decision maker is spelt out here.

This is part of the Advance Care Planning website funded by the Australian Government, which can be accessed here for information specific to your State, as well as for general information about Advance Care Planning.

Financial & Legal Decision Maker

The appointment of someone as your power of attorney gives them the legal authority to make decisions about your financial affairs including property on your behalf. Powers of attorney vary with your state or territory. They can and can refer to just financial powers, or include broader guardianship powers.

Types of power of attorney include:

• A general power of attorney covers financial and legal decisions usually for a specified period. It becomes invalid if you can’t make your own decisions.

• An enduring power of attorney still applies if you can’t make your own decisions.

• A medical power of attorney can make only medical decisions for you.

Nominate people that you know are trustworthy, financially astute, and likely to be around when you need them. Check regularly that they are still comfortable with their appointment, and up to date on your circumstances.

Your guardian (or equivalent) typically can take precedence in making decisions that best serve your health and welfare, which at times may need to over-ride delegations which only handle financial decisions (such as a Power of Attorney).

The more your substitute decisions makers know about you, your family, and your intentions, the better they are likely to serve your best interests.