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Power of Attorney vs Enduring Power of Attorney vs Enduring Power of Guardianship

Dec 8, 2022

Have you heard the term Power of Attorney before? How about Enduring Power of Attorney or Enduring Power of Guardianship​​​​​​​​? If you are the owner of a property, it is imperative that you have an idea of what these terms mean for you.  In this article, I have broken down the difference between the three.

Power of Attorney (POA) ​​​​​​​​
This is a legal document that gives one person the power to act for another for a specific purpose for a specific period of time. For example, buying and selling property, while you are on holidays.​​​​​​​​ Other reasons you may have a Power of Attorney are because of illness, injury, disability, or perhaps you wish to have someone else with experience to manage your finances. If you do not have a Power of Attorney, a court or tribunal may appointment someone for you to manage your finances.
Enduring Power of Attorney (EPA)​​​​​​​​
An Enduring Power of Attorney (commonly known as an EPA) is a legal document a person can make that gives another person/s, or organisation, the legal authority to make financial and/or property decisions on their behalf. Limitations can be set on this document.​​​​​​​​

If you happen to lose capacity to make decisions about your property and finances, and you have not made an Enduring Power of Attorney, there may be no one with the legal authority to manage your financial affairs. This may mean a family member involved in your life needs to apply to the Tribunal to have someone appointed to take on this role.

An EPA is not able to make personal, lifestyle and treatment decisions on your behalf. The authority of the enduring attorney is limited to making decisions about your financial affairs and property.

Enduring Power of Guardianship​​​​​​​​
An enduring guardian can be authorised to make decisions about things such as where you live, the support services you have access to, and the treatment you receive. ​​​​​​​​An enduring guardian cannot be authorised to make property or financial decisions on your behalf.​​​​​​​​An enduring guardian will step in if you ever become incapable of making such decisions yourself. Furthermore, ​​​POAs and EPAs must be registered with Landgate to be able to act in the capacity of a land transaction.​​​​​​​​

Speak to me for clarity

It is possible for the same person to be appointed as both your enduring guardian and enduring attorney at the same time. ​​​​This is a brief overview, please feel free to contact me if you would like to discuss this topic in further detail. ​​​​​​​​

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If you are about to buy a property or have negotiated the purchase in Perth, then get in touch with us right away. We can help guide you through the various nuances of property purchase. If you would like to speak to our Perth conveyancers, we encourage you to send us an email.



Disclaimer: Please note, the contents of this article do not constitute conveyancing advice, are not intended to be a substitute for conveyancing advice and should not be relied upon as such. You should seek conveyancing advice or other professional advice in relation to any particular matters you or your organisation may have. To find out more, please contact us.