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05: Appointing Your Own Legal Agent (in South Australia)
By appointing a legal agent you bestow on someone else, with their agreement,
legal power to manage your affairs in specific matters, particularly in
situations where you have lost the capacity to make your own decisions.
The options available in South Australia are given below.
The Consent to Medical Treatment and Palliative Care Act 1995 provides
for the appointment of a Medical Agent for medical treatment decisions.
Information about the provisions of the Act can be obtained from:
-
Private Lawyers: The Law Society of SA (124 Waymouth St, Adelaide,
SA 5000, ph. 8229 0222) can provide a list of lawyers practising in particular
areas of the law.
-
Service SA, EDS Centre, 108 North Terrace, Adelaide, SA 5000, phone: 132324
www.service.sa.gov.au
- SAVES Guidelines - See Fact Sheet 1 para
4.
The Power of Attorney and Agency Act 1984 provides for the creation
an Enduring Power of Attorney for legal and financial affairs. Information
about the provisions of the Act can be obtained from:
-
Private Lawyers: See paragraph 2 above.
-
Legal Services Commission: 82-98 Wakefield St, Adelaide, SA 5000,
ph. 8463 3555
-
Public Trustee: 25 Franklin St, Adelaide, SA 5000, ph 8226 9200
An Enduring Power of Attorney "Do It Yourself" kit is available
for $10 from:
The Guardianship and Administration Act 1993 provides for the creation
of an Enduring Power of Guardianship. Information about the provisions
of the Act can be obtained from:
-
Private Lawyers: See paragraph 2 above.
-
The Office of the Public Advocate: Level 8 ABC Building, 85 North East Rd, Collinswood, SA 5081, ph. 8269 7575.
-
Service SA, EDS Centre, 108 North Terrace, Adelaide, SA 5000, phone: 132324
www.service.sa.gov.au
Even if you prefer to use legal advice in any of these matters, the guidelines
(para 2) and "Do It Yourself" kits (paras 3 and 4) provide useful information
to discuss with your lawyer.
See also Fact Sheet 1 (Living Wills and Medical
Agents) and Fact Sheet 8 (Medical Treatment and
the Law in SA).
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