Enduring attorney

November 20, 2025

⚖️ Enduring Power of Attorney: Meaning and Use in Aged Care

Planning for later life often involves making arrangements for a time when you might need help managing your affairs. A very important legal tool in this planning is an Enduring Power of Attorney (EPA), sometimes simply referred to as an enduring attorney.

This document allows you to legally appoint a person, or people, to act on your behalf, giving them authority to manage your affairs if you lose the capacity to do so yourself.

The key term here is "enduring." A regular Power of Attorney ceases to operate if you lose mental capacity. An Enduring Power of Attorney, however, is designed to remain in effect, or only take effect, when you can no longer make decisions. This makes it an absolutely necessary document for anyone considering their future needs, particularly concerning medical care, accommodation, and financial wellbeing in old age.

The Role of the Enduring Attorney

The individual you appoint is called your attorney. They must always act in your best interests and uphold the trust you have placed in them. The authority granted to the attorney typically falls into two main categories, though specific laws vary by jurisdiction:

1. Financial and Property Matters

An Enduring Attorney appointed for financial and property affairs can manage all your monetary assets, property transactions, and day-to-day finances.
This includes paying bills, operating bank accounts, collecting debts, and selling or purchasing real estate.
The authority begins either immediately upon signing the document or only when you lose mental capacity, as specified in the document. This type of authority is essential for ensuring your ongoing expenses are met, especially if you move into an aged care facility.

2. Personal Care and Welfare

An Enduring Attorney appointed for personal care and welfare makes decisions about your living arrangements, medical treatment, and other personal matters when you are unable to decide for yourself.
This is particularly relevant in the context of aged care. Your attorney will have the authority to decide where you live, what services you receive, and what healthcare treatments you accept or refuse, within legal limits and considering your known wishes.

It is common to appoint different attorneys for financial matters and for personal care. The person or people chosen should be trustworthy and fully understand the responsibility.

EPA in Aged Care

The Enduring Power of Attorney is profoundly relevant to aged care. As individuals age, they may face cognitive decline or physical conditions that limit their ability to manage complex decisions related to care and accommodation.

Accommodation and Lifestyle Decisions: In an aged care setting, your attorney for personal care and welfare can make decisions about moving you into residential care, selecting a facility, and agreeing to the services provided there. Without a formal EPA, complex and difficult legal applications might be needed for someone to be given the authority to make these decisions on your behalf, often causing delay and stress for family members.
Financial Management: The financial attorney ensures that the costs of aged care, which can be considerable, are met. They manage the assets to fund care, handle government pensions or subsidies, and deal with the sale or rental of property if required to finance the move into a care home. Their formal authority simplifies what can be a burdensome financial process during an already emotional time.
Healthcare Authority: While medical teams make clinical recommendations, the personal care attorney holds the legal power to consent to or refuse treatments on your behalf when you are incapacitated. This ability becomes extremely important when making difficult healthcare choices in late life.

Making and Activating an EPA

To appoint an Enduring Attorney, you must have the mental capacity to understand the nature and effect of the document when you sign it. The document must be prepared correctly, usually with the assistance of a legal professional, and witnessed according to local laws.

The authority of the financial attorney may begin immediately or be conditional on the loss of capacity. The authority of the personal care and welfare attorney is almost always conditional, activating only when a medical professional confirms you no longer have the capacity to make those specific decisions yourself.

An EPA is a foundational part of planning ahead, giving you control over who makes decisions when you cannot. It reduces the stress on family members by making your wishes clear and providing legal standing to your chosen representative.

❓ Frequently Asked Questions About Enduring Attorneys

Q1: Can I appoint more than one Enduring Attorney?

Yes, you can appoint multiple attorneys, either to act jointly (they must all agree on every decision) or severally (they can act independently). You can also name substitute attorneys in case your primary choice is unable to act. It is generally recommended to appoint a backup.

Q2: Is an Enduring Power of Attorney the same as an Enduring Guardianship?

No, they cover different areas. An Enduring Power of Attorney generally covers financial and property matters, and sometimes personal care and welfare. An Enduring Guardian (in jurisdictions where this term is used) specifically handles lifestyle, accommodation, and medical decisions, often overlapping with the personal care and welfare attorney role. Check the specific legal terms in your region.

Q3: What happens if I do not have an EPA and lose capacity?

If you lose mental capacity without an EPA in place, your family or loved ones would likely need to apply to a court or tribunal to be legally appointed as your administrator or guardian. This process is often time consuming, expensive, and stressful, and the person appointed might not be the one you would have chosen.

Q4: Can I change or cancel my EPA later?

Yes. As long as you still have mental capacity, you can change or revoke your Enduring Power of Attorney at any time. If you wish to change it, you must follow the correct legal procedures, typically involving a new document.

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