What Is Enduring Power of Attorney (EPOA) In Melbourne

An EPOA (Enduring power of attorney) is a legal document with which you will be able to make a trusted person your attorney.

  • The attorney will be able to make decisions regarding your financial, property and legal aspects on your behalf if you become unable to do it yourself in the future.
  • POA can only be lodged by the person concerned. Nobody can make an EPOA on behalf of someone else.
  • Your attorney will not be able to make medical treatment decisions on your behalf. They must have to be your Medical Treatment Decision Maker if you want them to do so.
  • An Enduring Power of Attorney can be made by anybody who is 18 years and older and has full capacity.
  • There is no specific time when you need to appoint a power of attorney.
  • Having an EPOA will keep you calm as you know that someone is there to look after things if you cannot do it yourself in the future.

Though you can be at peace by having done an EPOA, and mostly everything works fine. There are some situations in which an EPOA will not be used the way you want. You can help reduce the chance of this happening by keeping on hold and limiting what your attorney can do. Another way to reduce the chances of misusing an EPOA is by bringing them into effect only if a specific event happens to you.

A few things your Power of Attorney can’t do on behalf of you are:

  • Cast votes
  • Decide on care or children’s wellbeing
  • Make a will
  • Revoke a will
  • Make an EPOA
  • Revoke an EPOA
  • Consent to marriage or divorce
  • Make decisions on adopting a child
  • Get into a surrogacy agreement
  • Consent for an act which is unlawful
  • Manage your estate after your death

Duties and decisions out by the appointed attorney :

  • Decisions on financial matters and personal matters
  • Decisions regarding personal matters only
  • Decisions on financial matters only
  • Only financial and personal matters that you will specify.

Types of Enduring Power of Attorney

General power of attorney (POA):

A POA is a legal binding document that states the trusted individual that you have chosen to manage your financial and property-related matters. A general power of attorney will not operate if the specific period you stated is over. To overcome this issue, enduring power of attorney is made.

Enduring Power of Attorney (Financial):

It is used to appoint someone to make legal as well as financial decisions for the client in the event where they are unable to make decisions.

Supportive Power of Attorney:

A person nominated as your Supportive Power of Attorney will be able to collect information and communicate with them on your behalf. They can carry forward activities that are necessary to support your decision. The difference between a General Power of Attorney and a Supportive Power of Attorney is that, unlike the POA, a Supportive Power of Attorney will not be able to make or take decisions on behalf of you.

Enduring Power of Guardianship :

Enduring Guardian is a person who can make decisions on your health and medical decisions when you are not able to make decisions. An Enduring Guardian comes into effect only when you cannot take decisions. The Enduring Guardian although will not be able to make financial decisions on your behalf.

Enduring Power of Attorney (Medical treatment):

This would be a person who is appointed on your behalf to make and take decisions related to medical treatment if you cannot do it yourself.

A Power of Attorney (Financial) begins only when you nominate the time for it to commence whereas a Power of Attorney (Medical Treatment) and Guardianship begins only when you are not able to make decisions by yourself.
Apart from the Power of Attorney (Medical Treatment), you can appoint one or more than one to make decisions on behalf of you jointly. It is important to discuss all these with Power of Attorney lawyers who will be able to give you professional advice on the individual circumstances.
Get in touch with Daniel Lawyers to find out more about our experienced lawyers and get 30-minute phone consultation for the first time you call. You can reach out to us at (03) 9687 3211 or email us at enquiries@daniellawyers.com.au.


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