Why Everyone Needs Enduring Powers of Attorney (Before It’s Too Late)
Most people think a Will is enough. It isn’t.
A Will only takes effect when you die. But what happens if you lose mental capacity while you’re alive? Who pays your bills? Who makes decisions about your home, medical care, or financial support for loved ones?
Without Enduring Powers of Attorney (EPOAs), no one has legal authority to act. Your family may need to apply to the Family Court—an expensive, time-consuming, and stressful process.
A real story: the Court chose a stranger
Ralph (not his real name) appointed his sister Betty as his sole property and welfare attorney. But when Ralph lost his mental faculties, Betty had already died. Because Ralph had no surviving attorney, his family had to apply to the Family Court for an order appointing a Property and Welfare Manager. The Court—not Ralph—decided who that would be. In the end, the Court handed control of Ralph’s property affairs to the Public Trust, who then charged Ralph fees for their services.
This could all have been avoided if Ralph had:
Named back-up attorneys, and
Included clauses authorising those attorneys to make the kinds of decisions Ralph would have made himself.
Why a properly drafted EPOA matters
An EPOA isn’t just a form—it’s your voice while you’re alive but unable to speak for yourself. Too many “standard” EPOAs are bare-bones documents that don’t reflect real life. At Ross Holmes Virtual Lawyers, we’ve refined our EPOAs to cover the most important practical situations.
Vital clauses that protect your partner and loved ones
Our EPOAs include optional authorisations to ensure your attorney can continue to look after the people and causes that matter most to you. For example:
Support for your partner
☐ I authorise my attorney to make payments for the welfare of my partner: Yes / No
Support for others who depend on you
☐ I authorise my attorney to make payments for the welfare of others: Yes / No
Details: (e.g., children, parents, family members)
Celebratory gifts (because life goes on)
I authorise my attorney to make celebratory gifts of not more than the following maximum value per gift to the following people, including any born after the date on which this EPA is signed:
Purposes (tick all that apply):
☐ Birthday presents
☐ Christmas presents
☐ Other (specify): _________
Those to benefit (set limits per person):
☐ Children $_____
☐ Grandchildren $_____
☐ Great-grandchildren $_____
☐ Nieces and nephews $_____
☐ Others (specify): $_____
Charitable donations
☐ I authorise my attorney(s) to make annual donations of the following amounts to the following charities: Yes / No
Details: ____________
These clauses may seem small, but they are vital. Without them, your attorney has no authority to make even modest birthday gifts to grandchildren or continue your regular support to a partner, family member, or charity.
Other safeguards we build into EPOAs
Back-up attorneys — so if your first choice dies, is incapacitated, or unwilling to act, someone you trust is ready to step in.
Clear scope of authority — to reduce the chance of disputes or challenges.
Checks and balances — such as requiring attorneys to consult with each other or with trusted advisers on major decisions.
Alignment with your Will — so the same trusted people are in charge both before and after your death.
Quick self-check: do you need new EPOAs?
You should update or prepare new EPOAs if:
You only have one attorney and no back-ups.
Your EPOAs don’t authorise support for your partner, children, or charities.
Your EPOAs were signed years ago and don’t reflect your current wishes.
You have a new partner, separation, children/grandchildren, or significant financial changes.
You don’t yet have EPOAs at all.
Protect yourself and your family today
Without up-to-date Enduring Powers of Attorney, your family could face stress, costs, and even strangers making life’s most important decisions for you.
“Your Will speaks for you when you die.
Your Enduring Powers of Attorney speak for you while you are alive.
Without them, someone you never chose could make life’s most important decisions for you and your family.”
Attention: Without EPOAs, no one has legal authority to act for you if you lose capacity.
Benefit: EPOAs let you choose trusted people to manage your finances, care, and ongoing support for loved ones.
Urgency: Put them in place now—while you can.
👉 Set up your EPOAs today
👉 Review your Will at the same time
General information only—ask us for advice tailored to your circumstances.Most people think a Will is enough. It isn’t.
