A look at Enduring Power of Attorney

TODAY is the second article in a series of three regarding the types of authority you can legally give to another person to make decisions for you.

The first article looked at the General Power of Attorney (an authority you can utilise for the making of financial decisions).

Today’s article looks at the Enduring Power of Attorney (EPOA).

An EPOA is an official document authorising a person or persons to make financial and/or personal and health decisions on your behalf.

Personal decisions are matters relating to your wellbeing, care and living arrangements. The authority to make financial decisions can commence at any time you choose, including straight away or only after you lose capacity.

However, personal and health decisions can only be made after you lose capacity.

You may recall from last week’s article on the General Power of Attorney that it did not provide for the making of personal and health decision.

The General Power of Attorney ceases should you lose capacity.

An EPOA is a wider document generally used for the long term and does not cease when you lose capacity.

The requirements for making an EPOA are strict as it is important to ensure you understand what it means.

Some people prepare an EPOA when preparing their Will. Like a Will, it may be necessary from time to time to make changes to an EPOA.

If you need advice on preparing or changing an EPOA, get in touch with Walker Pender Group Lawyers.

Next week I will look at an Advance Health Directive.

Until then – Keep it Legal!

Katie Caldow
kcaldow@walkerpender.com.au

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.

Walker PenderA look at Enduring Power of Attorney