Enduring Powers of Attorney Explained: A Guide for South Australians

Planning for the future isn’t only about making a will. It’s equally important to think about who will manage your financial affairs if you lose the ability to make decisions. In South Australia, this is done through an Enduring Power of Attorney (EPOA).

This guide explains what an EPOA is, how it works, who you can appoint, and why it’s an essential part of your estate planning.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that allows you (the donor) to appoint someone you trust (the attorney) to make financial and legal decisions on your behalf.

Unlike a general power of attorney, which stops if you lose mental capacity, an enduring power continues to operate even if you become unable to make decisions yourself.

In South Australia, an EPOA does not cover health care, lifestyle or personal decisions — those are managed under an Advance Care Directive.

Why You Might Need an Enduring Power of Attorney

Life is unpredictable. Illness, injury or age-related conditions such as dementia can affect decision-making capacity. Without an EPOA:

• Your family may need to apply to the South Australian Civil and Administrative Tribunal (SACAT) for someone to be appointed to manage your affairs.

• This process can be stressful, time-consuming and costly.

• The appointed person may not be the individual you would have chosen.

  
  

Having an EPOA ensures your finances are managed by someone you trust, giving peace of mind to you and your family.

Who Can You Appoint?

You can appoint:

• A spouse or partner

• An adult child

• Another trusted family member or friend

• A professional (such as a lawyer or accountant)

  
  

You may appoint more than one attorney, either:

• Jointly (they must act together), or

• Jointly and severally (they can act together or independently).

It’s critical to choose someone who is trustworthy, financially responsible, and willing to take on the role.

What Decisions Can an Attorney Make?

An attorney under an EPOA in South Australia can:

• Pay bills and manage bank accounts

• Buy or sell property

• Handle investments and shares

• Deal with legal and taxation matters

They cannot:

• Make or change your will

• Make personal, lifestyle or medical decisions (those are covered by an Advance Care Directive)

How to Make an Enduring Power of Attorney in South Australia

To create a valid EPOA:

1. You must have legal capacity (understand the nature and effect of the document).

2. The form must be correctly completed and signed.

3. It must be witnessed by an authorised person such as a lawyer, Justice of the Peace, or Commissioner for Taking Affidavits.

Legal advice is strongly recommended to ensure the document is valid and tailored to your needs.

Revoking or Changing an Enduring Power of Attorney

You can revoke or change your EPOA at any time, provided you still have legal capacity.

This should be done in writing and the revocation should be communicated to your attorney and any relevant organisations (such as your bank).

If you lose capacity and no longer have an EPOA, only SACAT can appoint someone to manage your affairs.

Common Questions About Enduring Powers of Attorney

Is an enduring power of attorney the same as a will?

No. A will takes effect after you pass away, while an EPOA operates during your lifetime if you lose capacity.

Can I appoint more than one attorney?

Yes. You can appoint multiple attorneys to act jointly or jointly and severally.

Does my attorney get paid?

Generally, family members are not paid. Professionals may charge fees if appointed.

Can my attorney make medical decisions?

No. Medical and lifestyle decisions are managed under an Advance Care Directive in South Australia.

What happens if I don’t have an EPOA?

Your family may need to apply to SACAT for an administrator to be appointed. This may not be the person you would have chosen.

Why Legal Advice Matters

While standard forms are available, mistakes in execution or unclear instructions can cause significant problems later. A lawyer can:

• Ensure the document meets South Australian legal requirements.

• Tailor the EPOA to your circumstances.

• Provide guidance on choosing the right attorney.

• Advise on related documents such as wills and Advance Care Directives.

  
  

Take Control of Your Future

An Enduring Power of Attorney is a simple yet powerful way to protect yourself and your family. It ensures your financial affairs are managed by someone you trust, even if you lose the ability to make decisions.

At Craig McKay Legal, we help South Australians prepare enduring powers of attorney, wills, and advance care directives tailored to their circumstances.

You can book a complimentary no-obligation telephone Review or Enquiry with Craig today to discuss putting an EPOA in place.

This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.