Enduring Power of Attorney

Simply because individuals are married, if the husband or wife suddenly loses capacity, and there is no enduring power of attorney in place, the other party will have to go through an onerous Civil Administration process to obtain authority to act on the other party's behalf.

An enduring power of attorney (EPOA) is a legal document that enables an individual to appoint someone to make important financial, legal, and personal decisions on their behalf if they become incapacitated and are no longer able to make these decisions for themselves. In Australia, the importance of having an EPA cannot be overstated, especially for married couples.

If one party suddenly loses capacity and there is no EPA in place, the other party will have to go through an onerous Civil Administration Tribunal process which can take up to six months, to obtain the authority to act on their behalf. This process can be time-consuming and expensive, causing significant stress and emotional strain on the family.

By appointing an attorney through an EPA, individuals can ensure that their interests and affairs are managed according to their wishes, even if they are no longer able to make decisions for themselves. This can provide peace of mind and reduce the burden on family members during what can already be a difficult and challenging time.

It is important to note that an EPA can be revoked or amended at any time, provided the individual still has the capacity to do so. Therefore, it is recommended that individuals review and update their EPA regularly to ensure that their appointed attorney is still appropriate and that their wishes are being followed.

scockram@holisticlaw.com.au; 041 554 7041