An Enduring Power of Attorney (EPA) appoints a person to make decisions on your behalf if you become incapacitated due to an accident, illness or old age and unable to sign documents or make decisions about your property or personal care.

Having an EPA is just as important as having a Will.  As with a Will, it is important that you seek professional assistance in preparing your EPA. It will also need to be properly signed and witnessed to be binding.

There are two types of EPA:

1. In relation to personal care and welfare decisions: a personal care and welfare Attorney can make decisions about your well-being eg medical treatment.
2. In relation to property: a property Attorney can make decisions and act on your behalf with regard to your assets and investments.

Both types of EPA are equally important and they may either be the same person or different ones.

Who can be an Attorney?

Anyone who is of sound mind, over the age of 20 and has not been bankrupt, can be nominated as an Attorney.  Take some time to consider your choice of Attorney. Remember they may have to make key decisions about your welfare and finances and you need to have the confidence that your appointed attorney will make the right ones.

You do not have to give your Attorney full power over your affairs.  You can set restrictions or conditions on the decisions to be made, for example:

• You can specify what property the Attorney can deal with
• You can specify when the power comes into effect, for example, whether it is effective immediately or only at the time of incapacitation
• You can document specific wishes that you have about your affairs, for example, that you do not want to remain on life support after a specific period or do not want certain shares to be sold

How does this differ from an Ordinary Power of Attorney?

An Ordinary Power of Attorney is automatically revoked once the person who granted it becomes incapacitated. An EPA endures in the event of a person losing their capacity – hence the name “Enduring Power of Attorney”.