What is an Enduring Power of Attorney and why do you need one?

21 February 2025

During your lifetime, an Enduring Power of Attorney is a document that officially appoints people, such as close family members or friends who you trust wholeheartedly, to act in your place when you are no longer able to make reasonable decisions.

These people are referred to as your ‘attorneys’, but many people wrongly confuse the term ‘attorney’ with lawyers.

Typically, you appoint attorneys to handle your personal (including health) and/or financial matters. For example, you might need a family member to continue paying bills for you if you become unwell or make decisions about your medical treatment options if you have lost the capacity to do so.

There are legal protections in place to safeguard you when your attorneys’ power is enacted. Let’s say you have suffered a condition that renders you incapable of making reasonable decisions. Before your attorney could begin making medical decisions for you, they would need to obtain evidence from a qualified medical practitioner confirming that you have lost capacity.

When your attorneys’ powers are invoked under your Enduring Power of Attorney, they must:

• act in your best interest;
• perform their duties diligently;
• act honestly; and
• avoid any conflict transactions that seek to benefit themselves personally.

Attorneys can face serious penalties if they are caught breaching their legal duties.

You cannot put an Enduring Power of Attorney in place once you have lost capacity, so it is important to have this form prepared at your earliest opportunity. This document gives you assurance and peace of mind that the people you trust are the ones acting for you at a time when you find yourself at your most vulnerable.

If you would like more information on how our team of qualified Wills, Estates, and Succession Planning lawyers can help navigate you through this form and ensure that it adequately reflects your personal circumstances and wishes, please do not hesitate to contact us.