An Enduring Power of Attorney, often called an EPOA, is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you are unable to make those decisions yourself.
Many people create an Enduring Power of Attorney as part of future planning, especially as they get older or when health changes may affect their ability to manage financial, legal or personal matters.
What does an attorney mean?
The person you appoint is known as your attorney. This does not mean they are a lawyer. It means they have been given legal authority to make certain decisions on your behalf.
What can an Enduring Power Of Attorney cover?
The rules vary between Australian states and territories. In many cases, an Enduring Power of Attorney may cover financial, legal or property-related decisions. In some states or territories, separate documents may be required for health, medical or lifestyle decisions.
How is an Enduring Power Of Attorney different from a normal Power Of Attorney?
A standard Power of Attorney usually stops if you lose decision-making capacity. An Enduring Power of Attorney is designed to continue operating if you lose capacity, which is why it is often an important part of future planning.
Why does it matter?
Without an Enduring Power of Attorney, families may face delays, extra costs and legal complications if decisions need to be made for someone who can no longer make those decisions themselves.
Because laws vary across Australia, it is important to check the rules in your state or territory and seek legal advice before preparing or signing legal documents.
Frequently Asked Questions
What is the difference between a Power of Attorney and an Enduring Power of Attorney?
A standard Power of Attorney generally stops operating if you lose decision-making capacity. An Enduring Power of Attorney is designed to continue operating if you lose capacity.
Who should I appoint as my attorney?
You should appoint someone you trust to act responsibly, follow your wishes where possible and make decisions in your best interests.
Can I change my Enduring Power of Attorney?
In many situations, yes. Requirements vary depending on your state or territory and your personal circumstances.
Can an Enduring Power of Attorney make health or medical decisions?
Rules vary across Australia. Some states use separate legal documents for health, medical or lifestyle decisions, such as Enduring Guardianship. Always check the requirements for your state or territory.
What happens if I do not have an Enduring Power of Attorney?
Family members may need to go through formal legal processes to obtain authority to make decisions on your behalf.
Additional Resources
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Disclaimer: This article provides general information only and does not constitute legal, financial or professional advice.