Enduring Power of Attorney
An Enduring Power of Attorney (EPOA) is a formal document giving another person the authority to make personal and/or financial decisions on someone’s behalf.- Personal decisions relate to care and welfare, including where or with whom someone lives, what services may assist them with day to day activities, and their health care, (e.g. consenting to medical treatment).
The attorney’s power to make personal decisions only commences when the person they represent loses capacity to make these decisions for themselves.
- Financial decisions relate to the management of finances (e.g. paying bills and taxes, selling or renting the home, using income to pay for needs or the investment of money).
For financial decisions, the person can nominate when they want the attorney to begin making financial decisions for them. This may be straight away or at some other date or occasion, such as once they have lost capacity to make these decisions.
Decision Making and the General Principles
An attorney acting in their role must make decisions on behalf of the person they represent in alignment with the General Principles and the Health Care Principles. For information on these see Guardianship and Administration Rights
The Rights of the Person
An adult with impaired capacity has the same human rights as other adults.
The right to make decisions is fundamental to the person’s dignity and includes the right to make decisions with which others may not agree.
These rights are protected by the General Principles and the Health Care Principle which every attorney must apply when acting or making a decision for the person.
The General Principles provide a set of rules to guide attorneys in fulfilling their duties and obligations to the person.
An adult with impaired capacity has the same human rights as other adults.
The right to make decisions is fundamental to the person’s dignity and includes the right to make decisions with which others may not agree.
These rights are protected by the General Principles and the Health Care Principle which every attorney must apply when acting or making a decision for the person.
The General Principles provide a set of rules to guide attorneys in fulfilling their duties and obligations to the person.
Further Information
Public Guardian FactsheetPublic Trustee Information
ADA Australia EPOA Information and Resources
- Includes organisational resources such as intake assessment flowcharts and guiding principles
