Many people think a will is enough when planning for the future. While a will covers what happens to your estate after you pass away, it does not protect you if you become unable to manage your affairs during your lifetime. This is where an Enduring Power of Attorney (EPA) comes in.
At Benjamin & Robinson Lawyers, we often see the stress and confusion that can arise for families when a loved one loses capacity without the right legal documents in place. With offices in South Hurstville and Crows Nest, our team has helped individuals and families across Southern Sydney and the North Shore plan ahead with confidence.
What Is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document that allows you to appoint one or more trusted people to make financial and legal decisions on your behalf if you become unable to do so yourself. Unlike a general Power of Attorney, an EPA continues to operate if you lose capacity because of illness, accident or age-related conditions.
In NSW, an EPA does not cover medical or lifestyle decisions — these are managed through an Enduring Guardianship. Having both an EPA and an Enduring Guardianship in place is the best way to ensure your wishes are respected in all areas of your life.
Why Everyone Should Consider an EPA
None of us can predict the future. A sudden illness or accident can strike at any age, leaving you unable to handle your finances, pay bills or manage property. Without an EPA, your loved ones may have to apply to the NSW Civil and Administrative Tribunal (NCAT) for financial management orders. This process can be time-consuming, stressful and expensive.
By putting an EPA in place while you are healthy and have capacity, you decide who will manage your affairs and how they should do it. This gives you and your family peace of mind knowing there will be someone you trust making important decisions if needed.
Choosing the Right Attorney
Choosing your attorney is an important decision. This person will have significant control over your financial matters, so it should be someone responsible and trustworthy. You can appoint more than one attorney and decide whether they must act jointly or separately.
You can also include conditions or limits in your EPA, such as when it comes into effect or what types of decisions your attorney can make. Our solicitors will take the time to explain your options so your EPA reflects your wishes.
How a Lawyer Can Help You Get It Right
While you can find templates for Powers of Attorney online, these may not be valid or suitable for your personal situation. A poorly drafted EPA can create confusion or disputes down the track.
At Benjamin & Robinson Lawyers, we ensure your documents are legally sound, properly witnessed and tailored to your circumstances. We also help you review your EPA regularly so it stays up to date with any changes in your life.
We often prepare an EPA as part of a complete estate planning package that may include your will, Enduring Guardianship and other important documents.
Plan for Peace of Mind
Putting an Enduring Power of Attorney in place is one of the best gifts you can give yourself and your family. It protects you during your lifetime and saves your loved ones the stress of sorting things out if you cannot make decisions yourself.
If you would like to discuss an EPA or your broader estate planning needs, our experienced team is here to help with practical and caring legal advice.
Visit us at:
842 King Georges Road, South Hurstville
119 Willoughby Road, Crows Nest
Call us for a confidential consultation: (02) 9547 1733
Learn more at our website here