What is an EPA

An enduring power of attorney is a document that enables you to appoint a person(s) - to make financial and property types of decisions for you. An enduring power of attorney is an agreement made by choice that can be executed by anyone over the age of 18, who has full legal capacity.

To make an EPA you need to be over 18 and have legal capacity.

Legal capacity means understanding the nature and effect of the document.

An enduring power of attorney can be operational while you still has capacity.  It can become operational only when there is a loss of capacity.

The benefit of an enduring power of attorney is that unlike an ordinary power of attorney, it will continue to operate even if you lose capacity.

An enduring power of attorney does not permit an attorney to make personal and lifestyle decisions, including decisions about treatment.

To cancel the enduring power of attorney you must have legal capacity.

You need to appreciate that by making an enduring power of attorney -

  1. you are appointing someone to act on your behalf;
  2. that the attorney will be able to do with your financial affairs (subject to the powers) which includes things like selling your house;
  3. The authority commences immediately or after you have lost capacity depending upon your selection;
  4. that the attorney will be able to do anything with your property (including your money) that you could do;
  5. if you lose capacity the authority of the attorney will continue
  6. if you lose capacity the power will be irrevocable.