Enduring Power of Attorney Documents
Klarissa Pantillano
This is a subtitle for your new post
When thinking of estate planning most people consider only the most important document, their Wills. But a document that is often overlooked is an Enduring Power of Attorney document (‘EPA’). Despite the importance of this document most individuals delay preparing this document until its too late.
An EPA allows you to appoint a trusted person (a family member, friend, or professional (e.g. solicitor or accountant) to legally act on your behalf and make financial and or personal decisions when you are unable to do so yourself (if you lose the capacity)
Without a valid EPA in place, your loved ones may face significant difficulties if something unexpected happens and you were suddenly unable to manage your finances or make important decisions. Your family and friends may need to undergo a time-consuming, costly and stressful process of applying through a tribunal or court to be formally appointed to act for you. This is not ideal especially during an already challenging time.
Further an EPA ensures that the person chosen as your attorney to make decisions for you is someone you have personally chosen and trust.
Just because you have an EPA does not
mean you suddenly lose control of managing your own affairs. It simply means that you have planned ahead should your circumstances change with no notice. Whilst you have capacity any decision making for yourself remains your own.
It is also important to note that each Australian jurisdiction has its own specific documents that encompasses an EPA. Seeking advice relevant to your location can ensure the correct documents are prepared for you.
| State/Territory | Document to assist with Financial and legal matters | Document to assist with Personal and health matters |
|---|---|---|
| QLD | Enduring Power of Attorney | Enduring Power of Attorney |
| NSW | Enduring Power of Attorney | Appointment of Enduring Guardian |
| ACT | Enduring Power of Attorney | Appointment of Enduring Guardian |
| VIC | Enduring Power of Attorney | Appointment of Medical Treatment Decision Maker |
| TAS | Enduring Power of Attorney | Enduring Power of Guardianship |
| SA | Enduring Power of Attorney | Advance Care Directive |
| WA | Enduring Power of Attorney | Enduring Power of Guardianship |
| NT | Advance Personal Plan | Advance Personal Plan |
An EPA is a simple but powerful step in your estate planning as it protects your interests, supports your loved ones, and ensures that important decisions can still be made for you. Like a Will, it is a document everyone should consider as part of their estate planning.
At CJM Lawyers we can assist you in preparing your Enduring Power of Attorney documents, drawing on our highly experienced estate planning team. CJM Lawyers can guide you through the process with confidence and clarity, helping you put the right protections in place for the future. To discuss and arrange for a meeting to see how we can help you, please book a meeting with a member of our estates team today!
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