Terminology reference list

SALRI wants to hear from everyday South Australians as well as legal experts and medical and allied health professionals as part of this reference.

The following list may help non-lawyers with some of the terminology used in the Fact Sheets.

 

ACD or ACDs

 

Refers to an Advance Care Directive(s) (see below).

 

Advance Care Directive

A legal document conferring authority upon a person to make medical decisions in accordance with the individual’s values, preferences and directions. SALRI’s consultation does not concern Advance Care Directives.

 

Attorney

A person appointed by a principal under an Enduring Power of Attorney to make decisions on the principal’s behalf in the event that the principal has legal incapacity.

Enduring Power of Attorney

A power of attorney made under section 6 of the Powers of Attorney and Agency Act 1984 (SA). This power lasts or ‘endures’ when the principal has legal incapacity. An attorney’s powers under an enduring power of attorney are generally characterised as financial and legal powers.

 

General Power of Attorney        

A power of attorney made under section 5 of the Powers of Attorney and Agency Act 1984 (SA). The attorney’s powers automatically end when the principal has legal incapacity. An attorney’s powers under a general (non-enduring) power of attorney are generally characterised as financial and legal powers.

 

Legal capacity

Means the principal is capable of making financial decisions – such as the sale of property, management of share portfolios and day-to-day transactions. Refer to the Capacity Factsheet.

 

Legal incapacity       

Means the principal is not capable of making financial decisions – such as the sale of property, management of share portfolios and day-to-day transactions. Refer to the Capacity Factsheet.

 

POA or POAs

Refers to an Enduring Power of Attorney (see above). SALRI’s consultation does not concern General Powers of Attorney.

 

POA Act                                            

Powers of Attorney and Agency Act 1984 (SA).

Principal        

A person who makes an Enduring Power of Attorney document appointing an attorney to make financial decisions on their behalf.