Enduring Power of Attorney

Aging comes with its fair share of challenges, and one of the most important things to think about is who will make decisions for you if you are unable to. That is where an Enduring Power of Attorney comes in.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) is a legal document that allows you to choose someone you trust to make financial and legal decisions on your behalf. The key word here is “enduring”—this means it continues to be valid even if you lose the ability to make decisions due to illness, injury, or age-related conditions like dementia.

Why is it Important in Aged Care?

As you get older, managing finances and legal matters can become tricky. Some days, you may feel sharp as a tack, while other days, things might get a little foggy. An EPA gives peace of mind that someone you trust is looking after things if you ever need help.

Here is how it helps:

• Financial Security – Your attorney (the person you choose) can pay bills, manage your bank accounts, and handle your property.
  
• Legal Protection – If important decisions need to be made, such as selling a house or dealing with legal paperwork, your attorney can take care of it.
  
• Aged Care Arrangements – If you need to move into aged care, your attorney can help with applications, payments, and managing your affairs.

‍Who Should You Choose?

Choosing the right person is no small decision. It should be someone you trust completely—often a close family member or friend. They should be:

• Responsible and good with money
  
• Able to handle paperwork and legal matters
  
• Willing to act in your best interests at all times
  

You can also set limits on what they can and cannot do. For example, you might want them to manage your bills but not sell your house.

How is it Different from a General Power of Attorney?

A General Power of Attorney is only valid while you can still make decisions. If you lose the ability to make choices due to illness or injury, it automatically ends. An Enduring Power of Attorney, on the other hand, keeps working even when you can no longer make decisions. This makes it especially useful for those in aged care.

How Do You Set One Up?

In Australia, each state has different rules, but in general, you need to:

1. Choose your attorney carefully.
   
2. Complete the correct legal forms (usually available online or from a lawyer).
   
3. Sign the document in front of witnesses.
   
4. Register it if required by your state.
   

It is best to check with a lawyer or legal service in your area to make sure everything is done properly.

Final Thoughts

Thinking about the future is never easy, but sorting out an Enduring Power of Attorney now can save a lot of stress down the track. It is a way to protect yourself and make sure your affairs are in good hands when you need it most.

So, have a chat with your loved ones, pick someone you trust, and get things sorted. Future you will be glad you did!

‍

Frequently Asked Questions

What is an Enduring Power of Attorney (EPA)?

An Enduring Power of Attorney (EPA) is a legal document that permits you to select a trustworthy individual to make financial and legal decisions on your behalf. Its "enduring" nature means it remains valid even if you lose the capacity to make decisions due to illness, injury, or conditions like dementia.

Why is an Enduring Power of Attorney important in aged care?

It is important in aged care because it provides peace of mind that a trusted person will manage your finances and legal affairs if you need help as you get older. This includes financial security (paying bills, managing accounts), legal protection (handling paperwork), and assisting with aged care arrangements (applications, payments).

Who should you choose as your attorney for an EPA?

You should choose someone you trust completely, often a close family member or friend. The person should be responsible, good with money, capable of handling paperwork and legal matters, and willing to act in your best interests at all times. You can also specify limits on what they can and cannot do.

How does an Enduring Power of Attorney differ from a General Power of Attorney?

A General Power of Attorney is only valid while you are still capable of making decisions and automatically ends if you lose that capacity. An Enduring Power of Attorney, in contrast, continues to be effective even when you can no longer make decisions, making it particularly useful for those in aged care.

What are the general steps to set up an Enduring Power of Attorney?

While rules vary by state in Australia, the general steps involve carefully choosing your attorney, completing the correct legal forms, signing the document in front of witnesses, and registering it if required by your state. It is best to consult with a lawyer or legal service to ensure it is done correctly.