**Enduring Power of Attorney** (noun) — A legal document recognized in Australian states and territories that appoints a person to make financial and legal decisions on behalf of the donor and continues to have effect if the donor loses mental capacity.
An enduring power of attorney is the Australian version of what's called a "durable power of attorney" in other countries. It's a document where you appoint someone you trust to handle your financial and legal affairs, and importantly, it continues to work even if you lose mental capacity.
The "enduring" part is crucial. Without it, a power of attorney automatically ends if you lose capacity, becoming useless exactly when you need it most. An enduring power of attorney keeps working through your incapacity, allowing your appointed attorney to continue managing your finances, paying your bills, dealing with your property, and handling your legal affairs.
Your attorney under an enduring power of attorney can do things like access your bank accounts, pay your bills, manage your investments, buy or sell property on your behalf, and deal with government agencies. You can limit what powers you give them, or you can make it broad to cover all financial and legal matters. Most people make it comprehensive to ensure all situations are covered.
⏱ When you'll encounter this term
Each Australian state and territory has its own legislation governing enduring powers of attorney, so the exact requirements and name might vary slightly depending on where you live. However, the concept is the same across Australia: appointing someone to manage your financial affairs if you can't.
Creating an enduring power of attorney is one of the essential estate planning steps in Australia, alongside making a will and appointing an enduring guardian. Without this document, if you lose capacity, your family would need to apply to a tribunal or court to be appointed as your financial manager, which is stressful, expensive, and time-consuming.
The person you appoint has significant power over your finances, so choose someone you trust completely. Many people appoint their spouse or an adult child. You can appoint multiple attorneys and specify whether they must act together or can act separately. Consider appointing a backup attorney in case your first choice is unable or unwilling to act when the time comes.
**Related terms:** [Durable Power of Attorney](/dictionary/durable-power-of-attorney), [Enduring Guardian](/dictionary/enduring-guardian), [Attorney-in-Fact](/dictionary/attorney-in-fact)
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"When Mum had a stroke and couldn't manage her finances, her enduring power of attorney allowed my sister to access Mum's accounts, pay her bills, and sell her house to fund her aged care—without needing court approval."
💡 Why this matters
If you lose capacity without an enduring power of attorney, your family must apply to a tribunal or court for financial management orders. This process can take months, cost thousands, and creates stress during an already difficult time. Meanwhile, your bills go unpaid and your financial affairs are frozen.
An enduring power of attorney is one of the most important documents you can make, protecting both you and your family.
⚠️ Common mistakes
- Using a general power of attorney instead—these stop working when you lose capacity, exactly when you need them most
- Not making one because you're healthy—strokes, accidents, and sudden illness can happen at any age
- Appointing someone without discussing the role or ensuring they understand the responsibilities
- Forgetting to review it after major life changes like marriage, divorce, or family conflicts