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We recommend that consideration be given to drawing up an Enduring Power of Attorney which is a legal document giving someone else the power to make decisions on your behalf.

Enduring simply means that the power continues even if you lose capacity to make decisions for yourself. These decisions may not be limited to your financial affairs but would extend to health matters for example, you may be too ill to make a choice about the medical treatment you will receive or where you will live or an injury may leave you with a disability that prevents you from making decisions or telling other people what your decisions are. 

Giving someone an Enduring Power of Attorney means that your wishes will be carried out even if you lose the capacity to make your decisions yourself.

The Powers of Attorney Act 1998 covers:-

• Both personal and financial matters;
• Allows you to appoint more than one attorney;
• Allows you to specify when the power will begin and exactly what areas it will cover;
• Gives clear guidance for your Attorney if you are unable to supervise the decisions yourself.

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建议客户考虑签立持久委托书（Enduring Power of Attorney）委托他人代行决定事宜。
持久委托书指在委托人失去行为能力之后，委托书仍然生效。委托内容可涉及财产、健康等事宜。例如由于病重不能决定治疗方案、居住地点，或因受伤导致残疾以至不能做出或无法告知他人其决定。
持久委托书可以委托受托人在委托人丧失行为能力之后为其决定事宜。
1998委托法（the Power of Attorney Act1998）涵盖：-

• 个人和经济事宜
• 可委托多位受托人
• 委托人可决定委托书生效日期和涉及范围
• 在委托人无法监督履行其决定时，明确指导受托人执行

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It is important to remember that the Attorney’s power to make decisions regarding your health does not begin until you are incapable of making those decisions yourself. Examples of health care decisions your Attorney is able to make are:

• Where you live and with whom;
• Day to day issues like diet and dress;
• The type of health care you will receive.

An Enduring Power of Attorney does not empower your Attorney to make decisions about special matters eg. Making a Will or withholding or withdrawing life sustaining measures.  However, Advanced Health Directives have been introduced by The Power of Attorney Act 1998 which allows you to write your own wishes about your future health care in case when the time comes you are unable to speak for yourself. For example you may give directions on how far you wish your treatment to go if your condition is terminal or incurable.

If you require further information or advice regarding Enduring Powers of Attorneys, please contact our office so that an appointment can be made for you to discuss your particular needs.

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需要指出，在委托人失去决定能力之前，受托人不可就委托人健康方面事宜作出决定。关于健康事宜，受托人可以代做以下决定：

• 委托人居住地点，与谁同住
• 日常生活事宜包括饮食穿衣
• 委托人的治疗方案

持久委托书未授予受托人订立遗嘱、结束委托人生命等权利。自1998年委托法引入高级健康指示（Advanced Health Directives）以来，委托人在失去行为能力之前，可以书面立下关于未来健康事宜的意愿，例如如果疾病为晚期或不可治愈，委托人预期治疗的时间。
如果您需要了解更多关委托书的信息，请与我行联系，我们会根据您的要求，为您安排合适的时间。

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