Powers of Attorney and Guardianship

Powers of Attorney come in two forms

Enduring Power of Attorney - financial matters.

Enduring Power of Guardianship - health and lifestyle.

 Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is a legal document which allows you to appoint a trusted person (or people) to make financial and property decisions on your behalf.

Your EPA continues to operate after you lose full legal capacity. For example if you are in a coma or suffering from a cognitive disease.

Your EPA can be used to make decisions about:

  • Opening and closing bank accounts;

  • Managing investments; and

  • Maintaining or liquidating property.

Your EPA cannot be used for:

  • Medical and lifestyle decisions (this requires an Enduring Power of Guardianship - see below);

  • Making a Will;

  • Voting in elections;

  • Signing further Powers of Attorney; or

  • Acting as a Trustee.

You can appoint multiple Attorneys and have the option for them to act either jointly or severally.

You may also appoint substitute Attorneys who take over should your original Attorneys be unable or unwilling to act.

 Enduring Power of Guardianship

An Enduring Power of Guardianship is a legal document allowing you to authorise a person to make important personal, lifestyle and treatment decisions on your behalf. It only operates if you are incapable of making such decisions yourself.

Your Enduring Guardian makes decisions about:

  • Where you live;

  • Support services you access;

  • Medical treatment you receive;

  • Preserving or ending your life (there are checks on this don’t worry).

Enduring Guardians cannot make property or financial decisions on your behalf (see Enduring Power of Attorney - above).

You can appoint more than one Enduring Guardian, but they must act jointly which means they must reach agreement on any decisions they make on your behalf.

You may appoint substitute Enduring Guardians who take over should your original Enduring Guardians be unable or unwilling to act.

It is also possible to restrict the decisions your Enduring Guardian may make on your behalf. For example, regarding the medical treatment you receive.

To make an Enduring Power of Guardianship you must:

  • be 18 years of age or older;

  • have full legal capacity (this means you must be able to make a formal agreement and understand the implications of statements contained in that agreement);

  • Nominate an Enduring Guardian who is 18 years of age or older and who has full legal capacity.