Enduring power of attorney in South Australia: a complete guide
An EPA lets someone you trust manage your finances if you lose capacity. Here's everything you need to know about SA enduring powers of attorney.
An enduring power of attorney (EPA) in South Australia is a legal document that authorises another person to make financial and legal decisions on your behalf. The ‘enduring’ part means the authority continues even if you lose capacity – which is the whole point. EPAs are governed by the Powers of Attorney and Agency Act 1984 (SA).
What an EPA does
An EPA lets your nominated attorney make decisions about: banking, investments, property (buying, selling, managing), tax, business interests, and signing legal documents. It doesn't cover medical or lifestyle decisions – those are governed by an advance care directive.
When it starts operating
You choose. Most SA EPAs commence only if and when you lose capacity to make your own decisions. Some people set them to commence immediately – useful if you want your attorney to manage things while you travel, recover from surgery, or simply prefer to delegate.
Who can be an attorney
Any adult with capacity themselves, not bankrupt, and someone you trust to handle money honestly. Most people appoint a spouse, adult child, or sibling. You can appoint multiple attorneys – either jointly (they must agree), or severally (each can act alone), or both.
Witnessing requirements
SA EPAs must be witnessed by an authorised witness under the Act – lawyers, JPs, and certain other professionals. A GP alone isn't enough. The witness must certify the testator had capacity at signing.
Registration
EPAs can be registered with the Lands Titles Office if they'll be used for property transactions. Registration isn't required but is often recommended.
Revocation
You can revoke an EPA at any time while you have capacity. Revocation requires a written notice to the attorney and is best documented by a new EPA replacing the old one.
Summary
An EPA lets someone you trust manage your finances if you lose capacity. Here's everything you need to know about SA enduring powers of attorney.
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 enduring power of attorney service, or book a consultation.
Related reading
- How to fill out the SA enduring power of attorney form
- Enduring vs general power of attorney
- Enduring powers of attorney service
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.