Only a private individual can act as an attorney for personal care and welfare. They have no control over money so must consult and work closely with the attorney for property. It’s important to select attorneys that are able to communicate and work well together.
An attorney for personal care and welfare can't act in relation to a significant matter unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable. You will be considered mentally incapable where you lack the capacity to make or understand decisions in relation to your personal health and welfare.
The attorney also can't act in relation to other matters unless they believe on reasonable grounds that the donor is mentally incapable.
You may want to limit their authority in matters such as moving in to rest-home care. But you need to ensure the attorney has enough flexibility to deal with situations that you might not envisage. If the authority is too prescriptive, their ability to deal with changing circumstances could be undermined.
You can also name parties with whom the attorney must consult before making decisions.
The personal care and welfare attorney can’t make decisions about marriage or divorce, electro-convulsive treatment or refuse to consent to life-saving medical action.
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