Enduring power of attorney vs general power of attorney

A general power of attorney gives someone authority to act on your behalf, but that authority automatically ends if you lose capacity. An enduring power of attorney ‘endures’ through incapacity – the attorney can continue to act even after you can't make decisions yourself.

General power of attorney

Useful for: travel, business convenience, managing affairs while you're temporarily unavailable. Automatically ends on: the testator's incapacity or death, or when revoked. Typical use: you go overseas for six months and want someone to sign documents in your absence.

Enduring power of attorney

Useful for: long-term preparation for possible incapacity. Continues through: the testator's incapacity. Ends on: death, or revocation while the testator has capacity. Typical use: you prepare an EPA now, with it only activating if and when you lose capacity later in life.

When to use each

Most people need an EPA – it's the foundational estate planning document alongside a will. General powers of attorney are situational (e.g. for a specific transaction or period of travel). You can have both – but the EPA is the one every adult should consider.

Timing of execution

EPAs must be executed while the testator has capacity. Once capacity is lost, it's too late – the only option is an SACAT application for administration, which is slower, more expensive, and more stressful.

Summary

General powers of attorney end on incapacity. Enduring powers continue. Here's the crucial difference.

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

• EPA in SA: complete guide
• How to fill out the SA EPA form
• Enduring powers of attorney service