A Power of Attorney (POA) is a legal document where you appoint someone you trust to make decisions on your behalf.
An Enduring Power of Attorney (EPOA) is a special type of power of attorney that continues to work even if you lose mental capacity—meaning it “endures” beyond the point where you can no longer make decisions yourself.
The difference matters because most people need the enduring version, not realising that a regular power of attorney becomes useless at exactly the moment they’re likely to need it most.
The basic idea
Both documents let you appoint an “attorney” (the person you choose) to act on your behalf. But they work differently when it comes to what happens if you lose capacity.
Regular Power of Attorney:
- Works while you have capacity
- Automatically ends if you lose capacity
- Useful for temporary situations (like when you’re overseas or physically unable to handle matters)
Enduring Power of Attorney:
- Works while you have capacity
- Continues working if you lose capacity
- Essential for planning ahead in case of dementia, serious illness, or injury
Why “enduring” matters
Imagine you’re diagnosed with dementia and can no longer manage your own affairs. If you only have a regular power of attorney, it becomes invalid at the exact moment you need it.
Your attorney can no longer access your bank accounts, pay your bills, sell property to fund your care, or make financial decisions on your behalf. Your family would need to apply to a tribunal or court to be appointed as your guardian—a process that’s expensive, stressful, time-consuming, and public.
An enduring power of attorney prevents this. It keeps working when you can’t, ensuring someone you’ve chosen can step in without court involvement.
Two types of enduring powers
In Australia, you typically need two separate enduring powers of attorney:
Enduring Power of Attorney (Financial):
- Manages your money and property
- Pays bills, manages investments, sells assets
- Makes financial decisions on your behalf
- Sometimes called “Enduring Power of Attorney” or “EPA”
Enduring Power of Guardianship (Personal/Medical):
- Makes personal and healthcare decisions
- Decides where you live, what medical treatment you receive
- Makes lifestyle and care decisions
- Sometimes called “Enduring Guardian,” “Medical Power of Attorney,” or “Advance Care Directive” (depending on your state)
Different states use different names and have different forms, but the concept is the same: one person manages money, another manages health and personal care. You can appoint the same person for both, or different people.
When does it take effect?
You can choose when your enduring power of attorney starts:
Immediately: The attorney can act as soon as the document is signed. You can still make your own decisions, but they can help you or act alongside you.
Only when you lose capacity: The attorney can only act once a doctor certifies you lack capacity. This is more restrictive but some people prefer it.
Most lawyers recommend “immediate” commencement because it allows the attorney to help you when needed (like if you’re in hospital) and provides a smooth transition if your capacity declines gradually.
Who should you appoint?
Choose someone you trust completely. They’ll have significant power over your life and finances.
Consider:
- Trustworthiness: Will they act in your best interests?
- Capability: Can they handle financial or medical decisions?
- Availability: Will they be around when needed?
- Willingness: Have you asked them, and are they prepared to take this on?
You can appoint more than one attorney and specify whether they must act together (jointly) or can act separately (severally). You should also appoint alternate attorneys in case your first choice can’t or won’t act.
Common choices: spouse or partner, adult children, trusted siblings, or close friends. Avoid appointing someone who’s young, in poor health, lives far away, or has their own financial or personal problems.
What you’re not doing
Making an enduring power of attorney does NOT:
- Give away your property or money
- Prevent you from making your own decisions
- Mean you lack capacity
- Give the attorney unlimited power (you can set limits and conditions)
- Replace your will (you still need a will to say what happens after you die)
You remain in control of your own affairs as long as you have capacity. The attorney is there to help when needed, not to take over.
Why people avoid making one
The most common reasons people don’t make enduring powers of attorney are:
“I’m too young”: Capacity can be lost at any age through accident, illness, or injury. Young people need these documents too.
“I don’t want to think about losing capacity”: Understandable, but not making one doesn’t prevent capacity loss—it just makes the consequences worse for your family.
“My family will sort it out”: Without an enduring power of attorney, your family will need to go to court. It’s expensive, public, stressful, and takes months.
“I don’t know who to appoint”: This is a harder problem, but it’s better to think it through now than leave it to a tribunal to decide later.
“It’s too complicated”: It’s actually straightforward with proper legal help. Much simpler than the tribunal process your family will face if you don’t have one.
Making it official
To be valid, your enduring power of attorney must:
- Be in writing on the correct form for your state
- Be signed by you
- Be witnessed properly (requirements vary by state—some require specific witnesses like a lawyer or Justice of the Peace)
- Be registered in some states (like Queensland and Northern Territory)
Don’t use a form from another state or country. The rules vary, and an invalid document is worthless when you need it.
Most people see a lawyer to prepare their enduring powers of attorney, often at the same time they make their will. It’s not expensive (usually a few hundred dollars) and ensures the documents are valid and properly tailored to your situation.
When to review it
Review your enduring powers of attorney:
- Every few years
- After major life changes (marriage, divorce, death of attorney)
- If your relationship with your attorney changes
- If your circumstances change significantly
- If you move to a different state (documents made in one state are usually valid in others, but check)
If you want to change who you’ve appointed or update the powers, you’ll need to revoke the old document and make a new one.
What happens if you don’t have one
If you lose capacity without an enduring power of attorney in place:
- Someone (usually a family member) must apply to a tribunal or court to be appointed as your guardian or administrator
- The tribunal decides who gets appointed—it might not be who you would have chosen
- The process takes months
- It costs thousands of dollars
- It’s stressful and public
- The appointed person has less flexibility than an attorney you’ve chosen
- Decisions might be delayed when speed matters
- Family conflict can arise about who should be appointed
An enduring power of attorney avoids all of this.
The bottom line
If you’re over 18 and don’t have an enduring power of attorney, you should make one.
It’s one of the most important legal documents you’ll ever sign—more immediately important than your will in many ways, because you might need it while you’re still alive.
Choose your attorneys carefully, see a lawyer to get the documents prepared properly, and make sure your family knows where the documents are kept.
Then, hopefully, you’ll never need them. But if you do, they’ll be there.
Learn More
Common Questions
- Who should I appoint to make medical decisions for me?
- Can I change my Power of Attorney after I’ve made it?
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