The following information has been obtained from the NSW Guardianship Tribunal Website www.gt.nsw.gov.au.

	Hydrocephalus Support Association
The information that follows is absolutely relevant to the State of NSW but may vary for other States. The other thing to note is that I am writing this as a layperson with little or no legal experience. If you are going to act on this article make sure that you seek legal advice.

Enduring Power of Attorney

An enduring power of attorney is a legal document through which you (the principal) can appoint a person (the attorney) to make decisions about your property or financial affairs.

The attorney can make decisions about your property or financial affairs. This means that they can operate your bank accounts, pay your bills, and sell or buy property or shares on your behalf.

The attorney cannot make medical or lifestyle decisions for you.

Anyone can make an enduring power of attorney if they are capable of understanding the nature and effect of the power of attorney.

By making an enduring power of attorney, you are choosing who you want to manage your financial affairs if you lose the mental capacity to do this for yourself. Unlike a general power of attorney, an enduring power of attorney will continue to have effect even if you lose the capacity (i.e. dementia, stroke, car accident)

You can make an enduring power of attorney using the prescribed form (but I suggest you use your legal adviser).

Enduring Guardianship

An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself. You choose which decisions you want your enduring guardian to make.

You must be over 18 to appoint an enduring guardian. You must also have the capacity to understand what you are doing.

You can give your enduring guardian as many or as few functions as you like. For example you can give them the power to decide on your health care but not where you live.

If your enduring guardian has a health care function, they will be able to see your medical records to help make decisions for you.

An enduring guardian cannot:

• make a will for you
• vote on your behalf
• consent to Marriage
• manage your finances
• override your objections, if any, to medical treatment.

You can make an enduring power of attorney using the prescribed form (but I suggest you use your legal adviser).

The guardianship tribunal website has a lot more information so go and have a look. If you do not have a website, I will be happy to provide photocopies but please provide a stamped, self addressed envelope.

Consider what will happen if you have a shunt failure or other hydrocephalus related problem and you are unable or incapable of making decisions and your regular surgeon is not available. It would be very useful to have an enduring guardian to make sure you get the correct treatment. If you have an (enduring power of) attorney, your finances would also be looked after. Think about it!

The Hydrocephalus Support Association has produced an information sheet, copyright 2005. For a copy contact the Association at the below address. It may be copied provided a full citation of the source is given.