Enduring Power of Attorney in Australia: What It Is & How to Set One Up

An Enduring Power of Attorney (EPA) lets you appoint someone to manage your financial and legal affairs if you become unable to do so yourself. Here’s how to create one that’s valid in Australia. 

1. What Is an EPA?

An EPA is a legal document that survives your incapacity. Unlike general powers of attorney, which end if you lose decision-making capacity, an EPA continues to operate.

2. Choosing Your Attorney

Pick a trusted person (or up to two jointly) who understands your wishes and is willing to act. You can appoint a primary attorney and a backup.

3. Legal Requirements & Signing

Requirements vary by state/territory but generally include:

• You must be over 18 and have capacity when signing.
• Use the correct form for your jurisdiction (e.g., NSW EPA form).
• Sign in front of two adult witnesses (one must be a qualified witness).

4. Activation & Scope

You decide whether the EPA takes effect immediately or only upon incapacity. You can limit powers to specific matters (financial, property, or superannuation).

5. Revocation & Review

You can revoke or amend your EPA at any time while you have capacity by completing a revocation form and notifying your attorney.

Need Assistance?

Contact LawWise Australia for personalised guidance on drafting, registering and safely storing your Enduring Power of Attorney.

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Post Insights

• Estimated CPC: AUD 1.80–3.50
• Affiliate Opportunities: LegalVision EPA drafting service, LawPath Power of Attorney kit, SecureWill document storage