FAQ on EPoA

Enduring Power of Attorney (EPoA)

The purpose of  an EPoA is to "protect your future". A will takes effect upon a person's death. An EPoA takes effect up a person's mental incapacity". Our solicitors possess experience in preparing and completing an EPA, from advice to execution.

What is an Enduring Power of Attorney 持久授權書? 

An Enduring Power of Attorney (EPoA) is a legal document that can protect you and what is precious to you.
  • Property and financial affairs – covers your money and assets and can come into effect before you lose mental capacity. You may have more than one attorney for this EPoA.
  • Authority - to collect income or capital, to sell or lease real property, to spend money etc.

What does an Attorney do?

Once an EPoA comes into effect –  when you are mentally incapable – your attorney can make most decisions about your property and finances.

You decide if that power applies to everything or only to parts of your financial affairs. 

Your attorney’s main responsibility is to act in your best interests, and they must involve you in decisions as much as you are able.

Who can be your Attorney? Can I change my EPoA?

Your attorney can be anyone you trust to understand and respect your wishes and feelings. Usually they are a friend or family member. Whoever your attorney/s are, it’s important you choose them carefully.

Can I change my EPoA?
Yes, you can. You can change or end your EPoA at any time you are mentally capable. If you or your family have concerns about an attorney’s behaviour, applications for help can be made to the Court for help.

An EPoA stops if you, or they, die. You may name other attorneys to take over if your attorney dies.

Your attorney can also opt out of their role by giving notice in writing if you are still mentally capable.
More on EoPA: Purposes & How?


What Purposes an EPoA serve?
  • only the people you trust – your ‘attorney/s’ – can make decisions about your life and/or your treasured possessions, such as your house, money and belongings. You are referred to as the ‘donor’.
  • protect you from financial abuse because you have chosen that person or people yourself. That means your wishes are more likely to be respected, and that decisions should be made in your best interest.
  • save your family the cost and stress of having to get a court order to make decisions about you and your property and finances should something happen to you.
How do I get an EPoA?
There are standard procedure or formalities that you have to go through and there are standard forms for the purpose.

The first thing is to understand your needs and find a lawyer experienced in this aspect. When you’ve decided who you’d like as your attorney and what you want them to do, you need to arrange a lawyer act for you in preparing the EPoA and to arrange a medical practitioner for the purpose and  to be your witnesses. The lawyer will make sure you understand all your options, what the EPoA document means, and that it meets all legal requirements.

Creating an EPoA does cost money but there are ways to bring down the cost. Being organised and knowing what you want will mean the process takes less time and can therefore be cheaper.

Making an EPoA when you make your Will or need to see your lawyer about another matter can also help you save on costs.
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