Advance care directive vs enduring power of attorney: what's the difference?
EPAs cover money. ACDs cover medical and lifestyle. Most people need both. Here's how they work together.
An EPA covers financial and legal decisions. An ACD covers medical, dental, and lifestyle decisions. Both activate on loss of capacity but cover different areas. Most adults need both – they work alongside each other, not instead of each other.
Different purposes
EPA: banking, investments, property, tax, signing contracts. ACD: consent to medical treatment, end-of-life care, accommodation, lifestyle choices. The two are legally distinct and governed by separate Acts.
Appointed roles
EPA names an ‘attorney’ who manages financial affairs. ACD names a ‘substitute decision-maker’ who makes medical/lifestyle decisions. You can name the same person in both roles, or different people.
When they activate
Both activate on loss of capacity. EPA can optionally activate earlier if the testator wants the attorney to manage things while the testator still has capacity. ACDs only activate on loss of capacity – you can't delegate medical decisions while you still have capacity.
Different witnessing rules
EPAs and ACDs have different witnessing requirements under SA law. Both generally require an authorised witness, but the specific eligible witnesses differ. Sam is authorised for both.
Why have both
Financial and medical decisions are both critical after capacity loss. Without an EPA, families go to SACAT for administration. Without an ACD, families make medical decisions without legal authority and without your recorded preferences. Both documents fill critical gaps.
Summary
EPAs cover money. ACDs cover medical and lifestyle. Most people need both. Here's how they work together.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our advance care directive service, or book a consultation.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.