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Enduring Powers of Attorney

It's critical that your wishes are able to be clearly followed in the form of an EPOA.  

  • Experienced lawyers that have helped thousands of Australians
  • We can help you set up an EPOA and make sure it's up to date
  •  Don't leave your family guessing

What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a formal document that provides another person (the attorney) with the authority to make legally binding decisions on your behalf (the principal) in relation to:

  1. personal/healthcare and/or
  2. financial matters.

Why prepare an Enduring Power of Attorney?

An Enduring Power of Attorney allows you to choose a person or persons to make decisions on your behalf in relation to personal/ healthcare and/ or financial matters in the event you are unable to make those choices.

Who can be an Attorney

Anyone who is over the age of 18 years and not a paid carer can be a power of attorney for someone.

There can be more than one power of attorney elected and a power of attorney can outline the rules about how the power is to be implemented. For example, decisions made need to be made by popular vote, or one attorney may be given the complete authority to make decisions in the first instance but if the person is not available then another person may have the ability to make decisions.

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Personal / Health Matters

You can give your attorney responsibility to determine personal/ health matters on your behalf, for example: Where you live; and What types of medical treatment you receive. For personal/ health matters, your attorney’s power to act only begins when you lose the capacity to make these decisions. Accordingly, until you lose capacity, you can make decisions about these matters for yourself.

Financial Matters

You can also give your attorney responsibility to determine financial matters on your behalf, for example: Collecting income; Paying bills; or Selling property. For financial matters under your enduring power of attorney, you can stipulate whenever you wish for the power to commence.
 

How long does an Enduring Power of Attorney remain in force for?

Unless there is a time limitation stipulated within an Enduring Power of Attorney, it will remain in force until the principal of the Enduring Power of Attorney dies.

Preparing Your Enduring Power of Attorney

While it may seem simple on the face of it, it can be complicated document which provides very wide powers to the attorney during very critical times.

They should not be entered into lightly and we strongly recommend that they are prepared by a lawyer and correctly explained to you prior to entering into the document.

We provide an online EPOA application form to make the process of obtaining an Enduring Power of attorney simple and easy for you.

ADAC   QLS Verticle TM

Online Enduring Power of Attorney Form:

Step 1

Complete all the questions on the Online EPOA Application form making sure of the following:

The names are spelled correctly; and the contact details of all persons are correct.

Note: It is important that you answer all the questions. If you are not sure of some questions or how to answer them correctly, please contact our office for clarification.

Step 2

One of our lawyers will contact to ensure you have no further queries or questions.

At this time we will organize a one-off easy payment with you.

Once payment is received we will attend to drafting the Power of Attorney for you.

 

Step 3

Once the Enduring Power is drafted our office will contact you to arrange for you to sign the document. This will usually occur within 7 days from receipt of payment. You can either collect the original document for your own records or you may wish to leave it with us in our safe custody document facility.

Please note that it is important that the EPOA is kept in a safe place and your executors know where to look for it if need be.

If you wish for the document to be sent to you for signing, please advise our office and we will arrange for delivery and instructions to be sent to you.

SAVE $100’s on our PACKAGE DEAL

You may wish to consider obtaining or amending your Will at the same time as preparing the Power of Attorney. You may simply choose a package deal option after completing the Online EPOA form or alternatively, you may go to our Wills information page for further details.

You may also wish to consider having an Advanced Health Directive (AHD) drafted for you at the same time as your Enduring Power of Attorney. An AHD specifically sets out what medical treatments you like to receive ahead of time rather than leaving decisions to your attorney when the time comes. You may simply choose a package deal option after completing the Online EPOA form or alternatively, you may go to our Advanced Health Directive information page for further details.