Somebody will need to apply to the Family Court for orders to make decisions for you. This process can be cumbersome and often expensive at a time when your family needs to support you. There is also no guarantee the Court will appoint the person you would have chosen - we are looking at you, Aunt Margaret. This Court decision also needs to be renewed every few years. To save your loved ones time and money and ensure you are in control of who looks after you when you no longer can talk to us about setting up an EPA.

No, spouses don't automatically have enduring powers of attorney. That's why we recommend (if you decide your spouse is the right person for this) appointing them legally by making an EPA.

An EPA for personal care and welfare comes into effect when the donor - the person who created the EPA - is deemed incapable of acting for themselves. This decision must be made by a medical Doctor.

For an EPA for property, the donor can choose when this comes into effect - either immediately (while they are mentally capable) or at a point in time when they are deemed incapable by a Doctor.

Did you know that if you do not have the capacity to act for yourself, not even your spouse can act on your behalf for assets solely in your name? Or that you can't act on behalf of your children once they are over 18? All of this can make for a more stressful, drawn out and complicated process than you may have imagined without an EPA.

Has your attorney had a change of circumstances? Or have you had a change of heart? Either way, these and many other reasons are valid for ending or amending an EPA.

Your attorney loses their power if they:

- Become bankrupt

- Are mentally incapable

- Are subject to a personal or property court order

- The Family Court revokes their appointment

Your attorney can also choose to opt-out. If you are still capable of electing a new EPA they must do this in writing, if not they must go through the Family Court. You can also choose to cancel your EPA or remove your attorney at any time while you have capacity - all you need to do is write us a letter, and we can take care of this for you. There are some special circumstances here, but our experts are just a call, click or snail mail note away if you need us.

Your EPA can end through other circumstances, like your death or the death of your attorney. 

We can help you with these or any specific questions you may have, give our team a call today.

There are two types of EPA - one for property and finances and one for personal care. You can make one person all-powerful, or you can split this role. We can talk you through how this power is granted and all the details you need to know to make an informed decision.