Can You Change An Enduring Power Of Attorney?
Choosing someone to act as your attorney is an important decision.
However, life does not always stay the same.
Relationships can change, people move away, health circumstances change and the person you originally appointed may no longer be the right choice.
This leads many Australians to ask:
Can you change an Enduring Power of Attorney?
In many situations, the answer is yes. However, the process and requirements can vary between Australian states and territories.
In this guide, we explain why people may choose to change an Enduring Power of Attorney, when a review may be appropriate and some important factors to consider.
What Is An Enduring Power Of Attorney?
An Enduring Power of Attorney (EPOA) is a legal document that allows you to appoint someone you trust to manage certain financial and legal matters on your behalf.
The document is designed to continue operating if you lose decision-making capacity.
The person you appoint is known as your attorney.
Because this role can involve significant responsibility, it is important that the right person is appointed.
Can You Change An Enduring Power Of Attorney?
In many circumstances, people can change their Enduring Power of Attorney while they still have the legal capacity to make that decision.
The exact process depends on the laws that apply in your state or territory.
Some people replace an existing attorney, while others update their arrangements because their circumstances have changed.
If you are considering making changes, professional legal advice may be appropriate.
Why Do People Change Their EPOA?
There are many reasons someone may decide to review or change their Enduring Power of Attorney.
Relationships Change
A person appointed many years ago may no longer be the best choice today.
Family relationships can change, friendships can change and life circumstances can evolve over time.
The Attorney Has Moved Away
If your attorney now lives interstate or overseas, they may find it more difficult to assist with practical matters when needed.
The Attorney’s Health Has Changed
An attorney may experience health issues of their own that make it harder for them to carry out the role.
You Have More Suitable Options
Sometimes another family member or trusted individual becomes more involved in your life and may be better placed to assist in the future.
Your Financial Circumstances Have Changed
Major changes to property ownership, investments, business interests or family circumstances may prompt a review of your planning documents.
When Should You Review Your EPOA?
Many people review their future planning documents every few years or after major life events.
Examples include:
- Marriage or separation.
- Retirement.
- A significant illness.
- A dementia diagnosis.
- Moving interstate.
- The death of a family member.
- Entering aged care.
A review does not necessarily mean changes are required. It simply helps ensure your arrangements still reflect your wishes.
What Should You Consider Before Making Changes?
Before changing an Enduring Power of Attorney, it may be helpful to think about:
- Whether your current attorney is still suitable.
- Whether the person understands your wishes.
- Whether they can manage financial matters responsibly.
- Whether they are willing to accept the role.
- Whether they can communicate effectively with family and professionals.
The goal is not to find a perfect person. The goal is to choose someone you trust to act in your best interests.
Should You Tell Family Members?
While every situation is different, clear communication can often reduce confusion later.
If you make changes to your planning arrangements, it may be helpful for relevant people to understand who has been appointed and why.
This can help avoid misunderstandings if decisions need to be made in the future.
How Does An EPOA Fit With Other Planning Documents?
An Enduring Power of Attorney is usually only one part of a broader future planning strategy.
Many Australians also consider:
- A will.
- An Enduring Guardian.
- An Advance Care Directive.
- Superannuation beneficiary nominations.
- Other estate planning arrangements.
Reviewing these documents together can help ensure they continue to work effectively as a complete plan.
Real-Life Example
Margaret appointed her brother as her attorney many years ago.
At the time, he lived nearby and regularly helped with financial matters.
Over time, he moved interstate and developed health issues of his own.
Margaret’s daughter had become more involved in helping manage appointments, paperwork and future planning discussions.
During a review of her planning documents, Margaret decided it was time to update her arrangements.
Because she reviewed her documents before a crisis occurred, she was able to make changes while she still had the opportunity to do so.
Frequently Asked Questions
Can I change my attorney at any time?
In many situations, changes can be made while you still have the legal capacity to make those decisions. Rules vary between jurisdictions.
Do I need a lawyer to change my EPOA?
The requirements vary between Australian states and territories. Professional legal advice may be helpful when making changes.
Should I review my EPOA regularly?
Many people review their future planning documents every few years or after major life changes.
What happens if my attorney can no longer act?
This depends on your arrangements and the laws in your jurisdiction. It is one reason regular reviews can be important.
Does changing my EPOA affect my will?
Not automatically. However, many people choose to review all of their planning documents together.
Sources
- Moneysmart – ASIC
- Office of the Public Advocate Victoria
- Office of the Public Advocate South Australia
- Legal Aid NSW
- Queensland Government – Power of Attorney Information
Related Resources
- What Is An Enduring Power Of Attorney?
- What Decisions Can An Enduring Power Of Attorney Make?
- Who Should You Appoint As Your Attorney?
- What Happens If You Don’t Have An EPOA?
- POA vs EPOA
- Enduring Guardianship vs Power Of Attorney
- What Is Estate Planning?
- Free Aged Care Tools
Disclaimer
This article provides general information only and is not legal advice. Enduring Power of Attorney laws vary between Australian states and territories. Professional legal advice should be obtained before creating, changing or relying on legal documents.