Enduring Powers of Attorney & Guardianship.

FAQ.

• Who can create an EPA or EPG?

  You can put an Enduring Power of Attorney or Enduring Power of Guardianship in place if you are over 18 and have full legal capacity. Full capacity means you understand what you’re doing, the nature and consequences of appointing an attorney or guardian, and the extent of the powers you’re giving them.

• Who should I appoint as my attorney?

  You can appoint anyone over 18 who has full legal capacity, such as your spouse, partner, adult child, trusted relative or friend. You can choose one attorney, or two attorneys who make decisions together or separately, and you can name substitute attorneys in case your first choice is ever unable or unwilling to act.

  Because your attorney may manage your bank accounts, property and other financial matters, it is important to choose someone you trust completely, who is organised with money, and who Will always act in your best interests.

• Who should I appoint as my enduring guardian?

  You can appoint anyone over 18 who has full legal capacity to be your guardian. Your enduring guardian should be someone who knows you well and understands your values, preferences and beliefs. They may need to help decide where you live, what services you receive and what medical or personal care is right for you.

  Many people choose a close family member, but you can appoint any trusted adult who is Willing to take on the role and can be available when needed.

• Can I change or cancel my EPA or EPG?

  You can change or cancel your Enduring Power of Attorney or Enduring Power of Guardianship at any time in writing while you still have legal capacity. If you have already lost capacity, an application needs to be made to the State Administrative Tribunal to review or cancel the document, and they Will decide what is in your best interests.

• When does an EPA or EPG become active?

  There are several ways your EPA or EPG can become active, depending on how the document is structured:

  Immediately upon signing: Your attorney or guardian can act as soon as the document is executed, even while you still have capacity. This is useful if you want assistance managing affairs while you’re still capable but perhaps need support.

  Upon losing capacity: The most common approach. Your attorney or guardian’s authority only activates when you lose decision-making capacity, which must usually be certified by a doctor.

  At a specified future time or event: You can specify that powers activate on a certain date or when particular circumstances occur.

• What if I don’t have an EPA or EPG in place?

  If you lose decision-making capacity and don’t have an EPA or EPG in place, a family member or friend can apply to the State Administrative Tribunal for an administration order (for financial matters under the Guardianship and Administration Act) or a guardianship order (for personal and medical decisions). However, the Tribunal appoints who they think is appropriate, which may not be the person you would have chosen. Their position Will be similar to an attorney or guardian, but you Will no longer be able to decide who fills that role.