Hartwell Legal

Powers of attorney are documents you can sign now to appoint the person of your choice to make decisions for you if you lose capacity as a result of an illness, injury or accident.

Powers of attorney operate for the period of incapacity. There are three main types of powers of attorney – medical, personal and financial:

Medical power of attorney allows you to nominate a person to make emergency medical decisions for you.

Personal power of attorney covers lifestyle and routine healthcare decisions, such as choosing where you live, who looks after you and who can see you – similar to the decisions a parent makes for a child.

Financial power of attorney covers legal and financial decisions, such as paying your bills, selling your assets, making investments and any legal decisions for you.

Katerina’s advice is not just about the formal requirements and validity of these documents, but about practical aspects, like who is the right person to take on these roles.


Disputes

Disputes can also arise about powers of attorney. Katerina has extensive expertise in handling these.

Examples of common disputes are an attorney not complying with his or her obligations, failing to fulfil their duties or children disagreeing about the best care for their parent.

Katerina has successfully settled many such disputes quickly and with the least amount of pain and acrimony. All of this is achieved in the most cost effective way.

Disputes can also arise when there are no powers of attorney, such as who will administer the affairs of a person who has lost capacity or who will make medical and lifestyle decisions for that person.

This is usually resolved by approaching the Victorian Civil and Administrative Tribunal (VCAT) for an appointment of the decision maker or for directions.

Katerina has handled many such applications (contested and uncontested) and is available to assist with such matters in a cost effective and practical way. She can take the "sting" out of these matters for you.

Another common application made is by family members on behalf of a person who was born without capacity, but who needs a decision maker to take care of them.

Please contact Katerina for an obligation free appointment to discuss your circumstances.

Hartwell Legal Service – Powers of Attorney

Powers of attorney provide you with an opportunity to choose the person you want to occupy these roles, as opposed to relying on the defaults in legislation or having to undergo an expensive process where the courts choose who to appoint for you or make the medical, personal or financial decision for you.


Fixed Fees:

Medical power of attorney – $165 (incl GST)

Personal power of attorney – $220 (incl GST)

Financial power of attorney – $330 (incl GST)

Disputes - As it is very difficult to properly estimate how a dispute may evolve, disputes are usually handled on hourly rates. Katerina’s hourly rate is $440 (incl GST).

This may seem high, but it is a low rate in comparison to other firms and when taking into account the complexity of the work involved and the level of service clients are provided with.

Katerina is also able to negotiate fixed fee retainers for dispute work.