Trusts and Wills

If you’re considering an Enduring Power of Attorney (EPOA), or have an ageing family member who might benefit from one, you may want to have a discussion with them about their options.

For the same reasons as having a will, an EPOA is important to have, as you never know what life can throw at you and at what stage in your life you’ll need one.

An EPOA is a legal document in which a person appoints another to make decisions on their behalf should they become incompetent in making their own decisions. If you are the person who is assigning an EPOA, then it effectively transfers your legal rights and powers to the person of your choice.

It’s worth noting that EPOAs have no legal affect until they have been invoked or activated. It takes more than simply appointing someone without the correct legal documentation of it.

There are two different types of EPOA – one for personal care and welfare and one for property.

As a care and welfare EPOA, you can only step in if the person becomes incompetent to make decisions for themself. As a property EPOA, you can make decisions for another person regarding their property.

Anyone over the age of 18 can be an EPOA if they are competent to make decisions for themselves. In contrast to EPOAs for care and welfare, a property EPOA can take effect while the person is still competent. For example, if someone moves overseas, they may wish to activate you as a property EPOA.  

It is difficult to appoint an EPOA once somebody has lost capacity – in these circumstances you will need to get a court order, which becomes tricky. This is why (for care and welfare especially) we advise appointing an EPOA, regardless of age. This ensures if anything happens, you have someone you trust making decisions for you.