An Enduring Power of Attorney (EPA) gives you the power to choose a relative or friend to make decisions about your health, lifestyle and financial affairs should you develop a condition which impairs your decision-making capacity. The person you appoint to make decisions on your behalf is your attorney.
An EPA is not revoked by your impaired decision-making capacity, as it endures throughout your incapacity. It must be executed while you have capacity. An EPA can be revoked at any time, and another made provided you have capacity at the time.
In the ACT, a spouse or next of kin has no legal authority to make formal substitute decisions on your behalf, unless you have appointed them as your attorney, or they have been appointed as your Health Attorney by the treating doctor.
The Public Advocate of the ACT (PA ACT) has developed and published the Power to Choose booklet, which is a guide to completing EPA forms. The forms are user-friendly and do not require legal expertise to complete. A copy of the EPA form is included in the booklet. The booklet, and stand alone forms, can be obtained from our website, or be contacting our office.
If you do not wish to appoint a family member or friend as your attorney, the PA ACT can be appointed as your attorney. The PA ACT can only be appointed as attorney for health and lifestyle decisions. If you would like to appoint the PA ACT as your attorney, please contact our office to make the necessary arrangements.
The PA ACT can be contacted to discuss issues relating to EPOA’s.
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