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Enduring Power of Attorney

You may not always be able to make decisions when you need to. You may be too ill to make choices about your medical treatment, or you could suffer a disability such as a stroke that prevents you from communicating your wishes to others.

An enduring power of attorney is an important legal document you can prepare to give someone else the power to make personal or financial decisions on your behalf.

To make an enduring power of attorney you must be an adult capable of making your own personal and financial decisions. Having the capacity to make decisions means that you can:

  • understand the nature and effect of a decision
  • freely and voluntarily make those decisions; and
  • communicate the decisions in some way.

You also need to understand the nature and effect of an enduring power of attorney including the contents of the document, consequences of preparing the document and when the power begins.

Choosing an attorney

Your attorney’s decisions will have the same legal force as if you had made them yourself. Choose them wisely.

Responsibilities of an attorney

An attorney must act honestly and make responsible decisions. They can be removed if they behave improperly.

Making an enduring power of attorney

You can complete an Enduring Power of Attorney (EPA) yourself but you may wish to first consider talking to your solicitor.

Improper behaviour by an attorney

An enduring power of attorney can be revoked or suspended if the attorney behaves improperly.

Enduring power of attorney forms

Short form

Use the short form if you wish to appoint the same attorney/s for both financial matters and personal matters (including health care). You may also use it to appoint an attorney (or attorneys) for financial matters onlyor for personal matters (including health care) only.

Long form

Use the long form if you wish to appoint an attorney/s for personal matters (including health care) and a different attorney/s for financial matters. If you wish to appoint the same attorney/s for both personal/health and financial matters, you use the short form.

Revocation form

Use the revocation form if you would like to revoke an enduring power of attorney.

Last reviewed
29 June 2010
Last updated
22 February 2013

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