An enduring power of attorney is a legal document which enables someone else to deal with your financial and legal affairs in the event you are unable to do so for various reasons, or it is practically convenient to enable someone else to deal with your affairs. A power of attorney that is designed to continue to operate after loss of capacity is referred to as an enduring power of attorney. Unlike a Will, which operates only at the time of death, an enduring power of attorney is only effective during your lifetime.
It is essential that you execute an enduring power of attorney whilst you have capacity, as you are unable to make an enduring power of attorney after losing capacity. We are often blindsided by freak accidents or sudden loss of capacity, and in many circumstances, your family will be unable to deal with your affairs on your behalf, without and enduring power of attorney, or applying to the State Administrative Tribunal for guardianship. In addition to dealing with the emotional stress of freak accidents or sudden loss of capacity, the unexpected trauma of making legal applications on your behalf is unnecessarily burdensome.