Enduring Power of Attorney

The right to make decisions and manage our affairs is a fundamental human right, yet circumstances sometimes mean people lose the capacity to do so due to dementia, mental illness, accident or trauma.

An Enduring Power of Attorney (EPA) is a formal agreement that a person enters into by choice. It allows people to appoint a trusted person, or people, to make financial and property decisions on their behalf. An EPA can be executed by anyone who is over 18 and has full legal capacity.

'Full legal capacity' in this situation means that the person must be able to understand the nature and effect of the document they are completing, and understand the nature and extent of their estate. 

An EPA 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 EPA can be operational while the person still has capacity but may be physically unable to attend to financial matters.

The benefit of an Enduring Power of Attorney is that unlike an ordinary Power of Attorney it continues to operate when the donor loses full legal capacity.

An EPA does not permit an attorney to make personal and lifestyle decisions, including decisions about medical treatment. The authority of the attorney is limited to making decisions about the donor's financial affairs and property.

An EPA is legally binding and must be revoked by the donor or the State Administrative Tribunal to be considered null and void.

The Public Trustee can be appointed enduring attorney.

Last Updated: 12-May-2009

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