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(07) 5677 0552Enduring Power of Attorney (EPA)
An Enduring Power of Attorney (EPA) is a legal document that appoints someone to manage your affairs if you are unable to do so yourself. You can decide when your attorney’s power to make decision for financial matters begins, including; when you no longer have the capacity to make those decisions; immediately; from a specific date; in particular circumstances or occasions.
It is extremely common and often comes without warning, that individuals lose their mental capacity to make important decisions as a result of injury or illness. Thus, it is extremely important that you have appointed an attorney to facilitate any situation which may occur in the future.
It is of great importance that you appoint someone that you trust and that you know will respect your wishes’. To make an enduring power of attorney, you must be 18 or older and have capacity to understand the document you are signing and the powers it gives.
Therefore, you need to understand:
- that you may specify or limit the power to be given to your attorney, and instruct your attorney about the exercise of the power in the enduring power of attorney
- when the power begins
- that once the power begins, your attorney will have full control over the exercise of the power (subject to any terms in the enduring power of attorney)
- that the power continues even if you lose capacity
- that you may revoke the enduring power of attorney at any time while you have capacity to do so
- that if you lose capacity (and are unable to revoke the enduring power of attorney) you are effectively unable to oversee the use of the power.
Difference between an enduring power of attorney and advance health directive?
An enduring power of attorney authorises a person to do anything in relation to financial matter or personal matter on another person’s behalf. With this document the attorney makes the health decisions.
An advance health directive allows a person to give directions about their future health care when they become incapable of making those decisions. The document allows the individual to plan for the future and make their own health decisions.
Please contact us if you would like assistance in preparing the necessary documentation to appoint your Attorney.