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Enduring Power of Attorney

An 'Enduring Power of Attorney' is a legal document that:

• One person can make that gives another person the legal authority to make financial and property decisions, (but not personal, lifestyle or treatment decisions), on behalf of that person;
• Is different to and entirely separate from a  Will; and
• Can only be made by a person if that person has the legal capacity to make an Enduring Power of Attorney.

A person may make an Enduring Power of Attorney that is either:

1. Effective immediately, and continues to be effective during any period in which that person does not have legal capacity, (called an "Immediate Enduring Power of Attorney"); OR
2. Effective only during any period when a declaration by the State Administrative Tribunal that the person does not have legal capacity is in force (called a "Dormant Enduring Power of Attorney").

Once a person has lost legal capacity, an Enduring Power of Attorney cannot be made or revoked by that person.

You can obtain more information about Enduring Powers of Attorney (as well as information about Enduring Powers of Guardianship and Advance Health Directives) at the Office of the Public Advocate.

The Public Trustee will only accept instructions to prepare Enduring Powers of Attorney and accept appointments under Enduring Powers of Attorney in limited circumstances. If you require further information about appointing the Public Trustee by an Immediate Enduring Power of Attorney, please contact the Public Trustee's office on 1300 746 116.

Last updated: 15-Apr-2019

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