What is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint a trusted person (or two) to make financial decisions on your behalf.  This power continues if you lose the capacity to do so yourself due to illness, accident, or other circumstances. This appointed person, called your Attorney, can handle important matters such as paying bills, managing investments, or selling property on your behalf.

You retain the right to manage your affairs as long as you are capable.

Why Do You Need an Enduring Power of Attorney?

• Without an EPA, your family may need to apply to the State Administrative Tribunal (SAT) to be appointed to manage your affairs, which can be time-consuming, costly and stressful.
• It allows you to ensure someone you trust will act in your best interests and manage your finances according to your wishes.
• An EPA enables your Attorney to deal with your real estate and other property matters efficiently.

Who Can Be Your Attorney?

You can appoint:

• A sole Attorney (one person).
• Joint Attorneys (two people who must agree on decisions).
• Joint and Several Attorneys (two people who can act together or independently).
• Substitute Attorneys to act if your primary Attorney(s) is unavailable.

It’s important to choose someone you trust implicitly, who is responsible and understands their obligations under the law. The experienced team at Vogt Legal can guide you through this important decision, ensuring you understand the legal responsibilities and practical implications.

How Does an Enduring Power of Attorney Work?

• Activation: We normally draft EPA instruments to come into effect immediately, though an EPA may be drafted to come into effect upon a declaration of incapacity by the SAT.
• Duration: An EPA remains valid until revoked by you (while you have capacity), or until your death.
• Registration: If your Attorney will be managing real estate transactions, the EPA must be registered with Landgate to be effective.

What Can Your Attorney Do?

Your Attorney has authority over your financial and property matters, such as:

• Paying bills and managing bank accounts.
• Managing investments and insurance policies.
• Buying or selling property.
• Dealing with government agencies.

Note: An EPA does not cover personal lifestyle or medical decisions. For those, a separate document like an Enduring Power of Guardianship is required.

Why Use Our Legal Services to Draft Your EPA?

Drafting a valid and effective EPA requires careful legal expertise. Our experienced lawyers will:

• Explain your options clearly and guide you on the best type of EPA for your needs.
• Help you select the right Attorney(s) and prepare the necessary documentation.
• Ensure all legal requirements and formalities are met for a valid and enforceable EPA.
• Provide advice on registering your EPA with Landgate, if needed.
• Support you in understanding the responsibilities and obligations of your Attorney.
• Assist with reviewing or updating existing powers of attorney.
• Offer advice and assistance if you suspect misuse of an EPA.

When Should You Make an EPA?

You must prepare an EPA while you are still of sound mind. Incapacity can happen unexpectedly, regardless of age, so don’t delay. Having an EPA in place can save your loved ones unnecessary stress and legal complications in difficult times.

How much does it cost?

Our price guide is as follows:

• Enduring power of attorney or enduring power of guardianship:
  • Couple: $330 (or $660 for both);
  • Single: $220 (or $440 for both).

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

Get Started Today

If you want peace of mind knowing your financial affairs will be managed by someone you trust if you lose capacity, contact us for a confidential consultation. Our dedicated lawyers will guide you through the process with care, clarity, and respect for your wishes.