Enduring Power of Attorney Appointments (EPoA)

What Is an EPoA?
An EPoA allows you (the ‘Principal’) to appoint people you can trust (an ‘attorney’) to make decisions for you about personal (health) matters and / or financial matters.

Personal matters are matters about your care and welfare such as where and with whom you live. This includes legal matters that do not relate to your finances or property matters.

Health matters are matters that relate to decisions about your health care. Health care includes medical treatments, procedures and services to treat physical and mental conditions.

Financial matters are matters that relate to your financial or property affairs. Decisions about paying expenses, making investments, selling property or carrying on a business.

Why is an EPoA important?
While we have decision making capacity we can make our own decisions regarding our personal, health and financial matters. At some future point we may lose the ability / capacity to make our own decisions about these matters. The reasons losing capacity is endless, accidents, illness, age or mental illness. The EPoA allows you to appoint someone you trust to make decisions for you should you be unable to do so yourself.

Who can make an EPoA?
Anyone older than 18 years who has the mental capacity to understand the document and the importance of the appointment can make an EPoA.

When will the EPoA be used?
If you appointed an Attorney for your personal and health matters, those powers can legally only commence during the times you don’t have the capacity to make your own decisions.
However, your financial attorney appointment can be made for specific periods or for a specific commencement date, even while you still have the ability and capacity to manage your own financial affairs.

Preparing your EPoA.
It is always best to engage the services of your lawyer to assist you when making this type of appointment. Before you engage your lawyer though, give some thought as to who will be the appropriate people you could appoint to act for you when you can no longer act. Special emphasis should be made on trust…

Related Posts

Recent Articles

Deposits in Queensland Conveyancing transactions
May 3, 2021
Insurance – where does the risk fall after signing a contract?
April 3, 2021
Stamp duty and buying a property
March 3, 2021

About Baldwins Lawyers

Baldwins Lawyers provides conveyancing services and assists with family law, estate planning and probate matters across Queensland, including Gympie, Sunshine Coast, Brisbane, Gold Coast and also across New South Wales. Gympie based Solicitors – Our aim is to provide quality legal services and quality conveyancing services at fair and realistic prices.