What is a Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) is a document that appoints another person to make decisions on your behalf. The power ‘endures’. This means that the power will continue even if and when you lose the ability to make your own decisions. You can choose for an EPA to start immediately, or only when you are unable to make your own decisions. 

The types of matters you can appoint an Attorney to manage in an EPA depends on your state or territory. You do not need to choose the type of EPA that you would like to make. You can simply answer the questions in the online form and the documents are created according to your wishes and your state/territory. For example, if you want to appoint another person to make financial, medical and personal decisions on your behalf and you live in NSW, then the form will create the EPA and Appointment of Enduring Guardian forms. 

Enduring Power of Attorney by state

For more information about types of Enduring Powers of Attorney, specific to each state, click on your state below:

New South Wales. . .

An Enduring Power of Attorney can be used to appoint a person to make financial and legal decisions and continues to operate if your decision making ability becomes impaired. An Enduring Power of Attorney only authorises an Attorney to act in relation to legal and financial matters, and not health care or personal matters.

An appointment of Enduring Guardian is used when you want someone else to make your health care and personal decisions when you are no longer able to make these decisions for yourself.

Victoria. . .

An Enduring Power of Attorney is used to appoint someone to manage your legal, personal and some medical matters and will continue to operate if your decision making ability becomes impaired. An Attorney can consent to medical treatment, but cannot refuse medical treatment on behalf of the princiapl.

If you want your Attorney to be able to refuse medical treatment on your behalf, then you must appoint an Agent under an Enduring Power of Attorney (medical treatment).

Queensland. . .

An Enduring Power of Attorney is used to appoint another person to make financial, medical and personal decisions on your behalf, and continues to operate if your decision making ability becomes impaired.

There is a long form and short form of an Enduring Power of Attorney. The short form is used when you want to appoint an Attorney or Attorneys for the same types of matters.

The long form is used when you want to appoint different Attorneys for different types of matters. For example, you may want to appoint your father to handle your legal affairs and your mother to make decisions about your medical treatment and personal matters.

Australian Capital Territory. . .

An Enduring Power of Attorney can be used to appoint a person to make financial, medical and personal decisions on your behalf and continues to operate if your decision making ability becomes impaired.

With the new changes to the legislation, you can also appoint a person to make decisions about your particpation in medical research and experimental health care if you suffer a serious accident or illness and are unable to speak for yourself.

Northern Territory. . .

An Advanced Personal Plan can be used to appoint a person or people to make financial, medical and personal decisions on your behalf and continues to operate if your decision making ability becomes impaired.

You can also give specific directions about your medical treatment to your medical treatment providers at the end of your life. The Advanced Personal Plan replaced enduring power of attorney in the Northern Territory in 2014.

South Australia. . .

An Enduring Power of Attorney can be used to appoint a person to make financial decisions and continues to operate if your decision making ability becomes impaired.

An Enduring Power of Attorney does NOT cover medical/health care and/or lifestyle/personal matters. An ACD can be used to appoint a person to make medical, personal and lifestyle decisions only if your decision making ability becomes impaired.

Tasmania. . .

An Enduring Power of Attorney can be used to appoint a person to make financial and property decisions on your behalf and continues to operate if your decision making ability becomes impaired.

A General or Particular Enduring Power of Attorney is used when you want to give your Attorneys specific directions or to place conditions on your Attorneys. An Enduring Attorney cannot make medical or personal decisions on your behalf.

You must appoint an Enduring Guardian if you want another person to make your personal or medical/health care decisions when you do not have the capacity to do so.

Western Australia. . .

An Enduring Power of Attorney can be used to appoint a person to make your financial and decisions and will continue to operate if the Donee's decision making ability becomes impaired.

An Enduring Power of Attorney cannot be used to appoint a person to make your medical, personal or lifestyle decisions. If you want to appoint a person to make your medical, personal or lifestyle decisions, then you must complete an appointment of enduring guardian form.


When does an Enduring Power of Attorney end?

An EPA can end under the following circumstances:

  • Cancellation: you can cancel an EPA at any time, as long as you still have capacity. 
  • In the event of your death or an Attorney's death (depending on the terms of the power of attorney). 
  • An Attorney can resign by written notice while you still have capacity. The EPA will not be not revoked if another Attorney has been appointed separately to the Attorney that resigns.
  • If an Attorney is made a bankrupt or becomes insolvent, their appointment is automatically cancelled.
  • If an Attorney becomes a person with impaired decision making ability, their appointment is automatically cancelled.
  • In some states an EPA may be revoked if you marry or enter into a civil partnership with someone other than the person appointed as your Enduring Attorney. The exception to this is, if the EPA specifies that the enduring power is not revoked in that circumstance.



Go back to making your Enduring Power of Attorney?