ENDURING POWERS OF ATTORNEY

An EPA allows you to appoint someone to make decisions on your behalf about your property and financial affairs. An EPA differs from an ordinary Power of Attorney in that it continues to operate even if you have lost legal capacity. An ordinary Power of Attorney ceases to operate if you lose legal capacity.

It is important that you prepare an EPA while you are healthy and have the mental capacity to do so.

You may lose your capacity to make decisions permanently through an illness such as dementia or a brain injury or you may lose capacity temporarily, such as by becoming unconscious as a result of an illness or accident.  If this happens and you do not have an EPA, then you will not have anyone who will have immediate access to your bank accounts to pay for any medical or other treatment which you may need.

There may also be situations where you have mental capacity but cannot physically attend to your financial and legal matters.

If you do not have an EPA and you lose capacity, an attorney may be appointed by the State Administrative Tribunal. However, such an appointment can take a number of weeks, it can be stressful for the people having to go through this process and the appointed person may not be the person you would have chosen.

An Enduring Attorney can make decisions about day-to-day budgeting, banking, investments and decisions about the purchase or sale of property and any other matters which arise in relation to your financial affairs.

An EPA does not allow your Enduring Attorney to make health or lifestyle decisions for you. If you wish to give someone the authority to make health or lifestyle decisions on your behalf you will need to make an Enduring Power of Guardianship.

An EPA should be made and witnessed in a form which is prescribed by law. I can help you prepare your EPA to ensure that it reflects your wishes and is legally binding.