20210312 - Owners Consent · EXE21/0023

Note: You cannot give your attorney power to make decisions about:

™@ special personal matters such as a decision about your will, appointing someone as your attorney,
voting at elections, or consenting to adoption or marriage;

: special health matters, such as donation of body tissue, sterilisation, pregnancy termination, research
or experimental health care, or certain psychiatric or other health care as specified in the regulations.

Your attorney can consent to the withdrawing or withholding of life-sustaining medical treatment if, for
instance, you become terminally ill or go into a state of permanent or persistent unconsciousness. You can
also give instructions about this type of decision if you make an Advance Health Directive.

These instructions will override any decision of your attorney.

Can I limit my attorney's powers?

Yes, you can specify decisions that you do not want your attorney to make. You
can also include particular instructions about what you would like your attorney
to do. Your attorney must act in accordance with your instructions.

There are also limits set by legislation. For example, the Trusts Act names the
types of investment that a trustee (in this case your attorney) is authorised to
make. If you lose the capacity to make financial decisions, the only investments
your attorney can make on your behalf are those that are named in the Act,
unless the consent of the Court is obtained.

Can | appoint more than one attorney?

Yes. Several options are provided for in the Act. For example, you may appoint
two or more attorneys to act jointly (together), or as a majority (simple, two-
thirds, etc.), or severally (any one of your attorneys can sign), or successively
(power is given to a particular attorney when the power given to another
attorney ends, or when the other attorney is not available to make decisions).

If you choose two or more attorneys to make decisions jointly, they have equal
authority and can act only with the agreement of them all. If one attorney dies,
the remaining attorneys exercise the power.

It is important that your intentions be expressed clearly. There is space in this
document to appoint up to three attorneys.

Whom should | appoint as my attorney?

You should appoint someone you trust. Many people choose their spouse or an
adult child, but you may prefer to appoint another family member or friend with
expertise in the area, or the Adult Guardian for personal matters, or the Public
Trustee or a trustee company for all matters. (The Adult Guardian is appointed
by statute to look after the rights and interests of people with disabilities and, in
certain situations, to give health-care consent.)

Your attorney must be over eighteen years of age, must not be your current paid
carer or your current health-care provider (such as your nurse or your doctor},
and (for financial matters) must not be bankrupt or insolvent.