How to apply for an enduring power of attorney in the ACT
An enduring power of attorney (EPA) in the ACT is a legal document that allows you to appoint someone to make financial and property decisions on your behalf, even if you later lose capacity. It is governed by the Powers of Attorney Act 2006 (ACT) and must be signed and witnessed according to specific requirements.
The framework
Enduring powers of attorney in the ACT are governed by the Powers of Attorney Act 2006 (ACT).
The process
Decide what powers to grant
Determine whether the EPA will cover all financial matters or be limited to specific types of decisions or assets.
Choose your attorney
Select a trusted person (or persons) aged 18 or over to act as your attorney. Consider a substitute attorney in case the primary is unable to act.
Obtain the prescribed form
Use the enduring power of attorney form prescribed under the Powers of Attorney Act 2006 (ACT). Templates are available from the ACT Government website.
Complete the form
Fill in the principal's details, the attorney's details, the powers being granted, any conditions or limitations, and when the EPA commences.
Receive independent legal advice
The principal should receive independent legal advice about the effect of the EPA. While not mandatory, it is strongly recommended.
Sign the EPA in the presence of witnesses
The principal must sign the EPA in the presence of two witnesses, at least one of whom is authorised to witness statutory declarations (e.g. a lawyer or JP).
Attorney accepts the appointment
Each attorney must sign the EPA to accept the appointment and acknowledge their obligations under the Act.
Store the original safely
Keep the original EPA in a secure location. Provide certified copies to your attorney, your bank, and any other relevant institutions.
Notify relevant institutions
Inform your bank, superannuation fund, and other financial institutions that an EPA has been made and provide certified copies.
Review the EPA periodically
Review the EPA if your circumstances change — for example, if your relationship with the attorney changes or you wish to alter the powers.
Common mistakes
- Not following the correct witnessing requirements — this can invalidate the EPA
- Choosing an attorney without considering potential conflicts of interest
- Not specifying when the EPA commences — immediately or only upon loss of capacity
- Confusing an EPA (financial) with a health direction or guardianship appointment
- Failing to notify banks and institutions, leading to delays when the EPA needs to be used
Get this process right with Quillio
Quillio helps draft enduring powers of attorney, review existing EPAs, and prepare supporting documentation for ACT estate planning. See /practice-areas/estate-planning-lawyers or start a free trial.
This guide is general information about enduring powers of attorney in the ACT — not legal advice. Consider obtaining advice specific to your circumstances.
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