Enduring Powers of Attorney
 and Personal Directives

These are often discussed and made at the same time as your Will, as part of your global disability and estate planning.

To avoid the process and expense of a court application for Guardianship and Trusteeship, you can sign an Enduring Power of Attorney appointing a person (attorney) to handle financial decisions, and a Personal Directive appointing a person (agent) to make personal care/medical decisions, both to take effect if and when you lose the mental capacity to make your own decisions. A spouse or partner does not legally have any such rights. There are basic provisions that these documents must contain to be valid, but otherwise they may be as specific or general as desired.  However, they must of course be made before you lose capacity — otherwise a court order for Guardianship and Trusteeship will be required.