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Enduring Power of Attorney – conditional or unconditional?

The standard Enduring Power of Attorney (“EPOA”) provides that it is effective immediately after it is signed by both the appointor and the appointed attorney.  However, it is open to the appointor to provide that the Enduring Power of Attorney only becomes effective after a specified event.  That may be, for example, if the appointor is no longer competent to make his or her own decisions.  If so, then a clause can be added to the EPOA providing that the EPOA becomes effective after the treating General Practitioner of the appointor, for the time being, states in writing that the appointor can no longer manage his or her own affairs.  Further, an EPOA can include certain conditions or restrictions.  For example, it can provide that under no circumstances can the attorney sell the appointor’s home.  It can be further qualified to provide that the home can only be sold if money is required to be raised to pay for aged care.  These are simple examples, however, if the appointor feels strongly about a particular matter or matters then the EPOA can be modified to allay those concerns.

When giving instructions for an EPOA, your lawyer can advise you as to the benefits or otherwise of including conditions.

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