What Is an Enduring Power of Attorney?
An Enduring Power of Attorney (commonly known as an EPA) is a legal document that allows you to appoint someone (called your ‘attorney’) to make decisions on your behalf if you become unable to make them yourself. Unlike a standard power of attorney, which stops being valid if you lose mental capacity, an EPA stays in place (or ‘endures’) through illness or injury that affects your ability to make decisions.
There are two types of EPAs: one for your personal care and welfare and one for your property and financial matters. You can choose to set up just one, or both, depending on your needs.
Why Would I Need an EPA?
Many people think EPAs are only for the elderly but they’re just as relevant for younger adults. An accident, medical event or sudden illness could leave anyone temporarily or permanently unable to manage their affairs. Without an EPA in place your loved ones may need to apply to the Family Court to make decisions for you. This is an expensive and time-consuming process.
Having an EPA means that if something happens the people you trust most can step in quickly to support you and make the right calls. It gives peace of mind that your preferences will be respected and that someone is looking out for your wellbeing and finances.
The Two Types of EPA: What’s the Difference?
The EPA for Personal Care and Welfare covers decisions about your health, housing and daily care. This can include things like where you live, what medical treatments you receive and who looks after you. You can only appoint one person at a time for this role and they can only make decisions if a medical professional confirms that you’ve lost capacity.
The EPA for Property covers your money, home, and possessions. This can include paying bills, managing investments or selling property. You can appoint one or more attorneys for this and you can choose whether they start helping straight away or only if you become mentally incapable.
You can also add conditions, guidance or limitations to your EPA to make sure your preferences are followed.
Who Should I Appoint?
Choosing the right person is crucial. Your attorney will have a lot of responsibility so you need to pick someone you trust completely. They should be practical, reliable and willing to act in your best interests. For many people this might be a partner, sibling, adult child or close friend.
It’s also important to talk with the person you’re appointing. Make sure they understand what the role involves and feel comfortable taking it on.
You can also appoint a backup person in case your chosen attorney isn’t available when needed.
How Do I Set One Up?
Setting up an EPA involves working with a lawyer or legal adviser. You’ll need to fill out a legal form and get it signed in front of a qualified witness (usually a lawyer, legal executive or authorised person who isn’t your chosen attorney). This person will check that you understand what the EPA means and that you’re not being pressured into it.
While there’s a cost involved the protection and clarity it provides can be well worth it. If you’re already updating your Will or legal documents it’s a good time to sort out your EPA too.
When Should I Do It?
The best time to set up an EPA is before you need it. Once you lose mental capacity it’s too late to set one up. Instead, you’ll need a court order which can be costly and slow. Think of an EPA like an insurance policy for your future decision-making. You hope you never need it but if you do it can make a world of difference.
Peace of Mind for the Unexpected
Life is unpredictable. None of us knows when an accident, illness or emergency might make it hard to make decisions for ourselves. An Enduring Power of Attorney ensures that someone you trust is ready to step in, protect your interests and carry out your wishes if the unexpected happens. By setting up an EPA while you’re healthy and able you take control of your future and make things easier for the people you care about. It’s one of the simplest, most powerful ways to plan ahead.