Enduring Power of Attorney Factsheet

What is an enduring power of attorney?

An enduring power of attorney is a legal document in which you appoint another person to make property and financial decisions for you.

An enduring power of attorney must be made while you have mental capacity. If you lose mental capacity, an enduring power of attorney cannot be signed. The time for making an enduring power of attorney is when you are healthy, aware and still have the capacity to manage your own legal and financial affairs.

An enduring power of attorney authorises your attorney to make these decisions for you if you are no longer able to make them for yourself. It will come into effect if you lose that ability. This could be due to an accident, illness or disability, such as dementia. An enduring power of attorney continues to be valid through mental incapacity but is only valid during your lifetime.