How does a Power of Attorney come into effect if I lose capacity?

For a Power of Attorney document to come into force a medical practitioner needs to rule you are incapable of making your own decisions. This may need to be organised by your next of kin or attorney/s if you are incapable of organising it yourself.

Each state has best practice guides around capacity assessment, published by their governing justice department, so for absolute clarity on the process, we recommend reviewing these guidelines.