ENDURING POWER OF ATTORNEY (EPA)
An Enduring Power of Attorney is a legal document that authorises a [trusted] person of your choice (called the ‘attorney’) to make financial and/or property related decisions on their behalf.
To make an Enduring Power of Attorney the maker (called the ‘donor’) must:
- be 18 years of age or older; and
- have full legal capacity (this means that the donor must be able to understand the nature and effect of the document they are completing and the nature and extent of their estate).
An Enduring Power of Attorney cannot be made by another person on behalf of a donor whose capacity might be in doubt due to mental illness, acquired brain injury, cognitive impairment or dementia.
An Enduring Power of Attorney can be operational while the person still has capacity, but may be physically unable to attend to financial matters and/or property related matters.
The benefit of an Enduring Power of Attorney is that unlike an ordinary Power of Attorney, it will continue to operate even if the donor loses full legal capacity.
An Enduring Power of Attorney does not permit an attorney to make personal and lifestyle decisions, including decisions about treatment. The authority of the attorney is limited to decisions about the donor’s financial affairs and/or property affairs.
To revoke (i.e. cancel) an Enduring Power of Attorney the donor must have full legal capacity. It is recommended that the revocation is made in writing. If the donor has lost legal capacity, an application must be made to the State Administrative Tribunal to decide if the Enduring Power of Attorney should be revoked (cancelled).
Contact Johnstone Crouse Lawyers for assistance with the preparation of an Enduring Power of Attorney.
To arrange a free 15 minute telephone consultation or book an appointment, call us on 08 9561 8650 or send us a message through our contact page.
Disclaimer: The information on this page is intended to be general information only and NOT legal advice. No responsibility is accepted for any errors or omissions.