Frequently asked questions
What powers does my attorney / guardian have?
An EPOA enables you to appoint a trusted person to make financial and/or property decisions on your behalf. For example, your attorney will be able to access your bank accounts and, if the EPOA is registered at Landgate, sell real estate you own.
An EPOG enables you to appoint a trusted person to make personal, lifestyle and treatment decisions on your behalf should you become incapable of making such decisions yourself. For example, your guardian will be able to make decisions about things such as where you live and what treatment you receive.
Who can be my Attorney?
The person you appoint as your attorney is known as your donee. Any adult you trust can be your donee. Your donee can act alone, jointly with another person (ie always together) or jointly and severally with that other person (ie together or separately). Your donee must accept the responsibility of acting as your attorney by signing the acceptance section of your EPOA.
Why should I make an EPOA or EPOG?
By completing an EPOA or EPOG you can authorise a person who you trust to make decisions for you in the event that you lose capacity or are unable to manage your affairs.
If you do not have an EPOA or EPOG and you are no longer able to manage your affairs your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs.
When should I make an EPOA or EPOG?
You may only think of making your EPOA or EPOG as you get older, but don't leave it too late. You must be of sound mind to make a valid EPOA or EPOG. It may be wise to get a doctor's assessment before preparing the document and in some cases it may also be necessary for a doctor to declare in writing that you are of sound mind.
When does my attorney / guardian begin acting for me?
When you create your EPOA you must choose whether the power you give to your attorney is effective:
- as soon as the document is properly signed and witnessed; or
- only after your attorney has applied to the State Administrative Tribunal for declaration that the document is in force because you have lost your capacity.
Your EPOG will only come into effect if you lose the capacity to make decisions for yourself. Your EPOG will not come into operation while you are still able to make reasonable judgments about your personal, lifestyle or treatment matters.
Should I register my EPOA with Landgate?
If it is likely that your attorney will need to sell or deal with your land then your EPOA should be registered at Landgate within 3 months of it being signed. If you do not register it within that period and your attorney needs to deal with your real estate in the future, he/she will have to prepare and lodge a statutory declaration declaring that your EPOA remains valid.
How do I revoke my EPOA or EPOG?
You may revoke your EPOA or EPOG at any time when you have legal capacity.
To revoke your EPOA or EPOG you should:
- destroy the original and any copies of the EPOA or EPOG;
- execute a Deed of Revocation of EPOA and send a copy to your attorney/guardian and anyone else who may have a copy of the EPOA (such as financial or medical institutions); and
- lodge your Deed of Revocation of EPOA at Landgate.