How to fill out the SA enduring power of attorney form
The SA EPA form is simple-looking but easy to fill out wrong. Here's a step-by-step guide to the key decisions and pitfalls.
The SA EPA form requires you to nominate attorney(s), decide when the power commences, specify any conditions or limitations, and sign in the presence of an authorised witness. The form itself is straightforward – the care is in the decisions about attorneys and commencement terms.
Section 1: Your details
Your full legal name, address, and date of birth. Match your legal name exactly as it appears on other identification.
Section 2: Attorney nomination
Name your attorney(s). For multiple attorneys, specify whether they act jointly (must agree) or severally (each can act alone). Joint is safer – two signatures required for major decisions. Several is more flexible. Many EPAs use a combination: ‘severally, but jointly for transactions over $50,000’.
Section 3: Commencement
Immediate: the attorney can act from signing onwards. On loss of capacity: the attorney can only act if a doctor certifies you've lost capacity. Most people choose the second option – you keep control until you can no longer exercise it.
Section 4: Limitations and conditions
Optional. You can restrict the attorney's powers – e.g. ‘not authorised to sell my home’, or ‘must consult my children before major decisions’. Most EPAs leave this blank; specific clients benefit from specific limitations.
Section 5: Signing and witnessing
Signed by you in the presence of an authorised witness. The witness certifies your capacity at signing. Authorised witnesses include lawyers (like Sam), JPs, and certain other professionals.
Common mistakes
Forgetting substitute attorneys, using the wrong witness, unclear limitations that create ambiguity, not aligning the EPA with the will. A 30-minute consultation with a solicitor catches all of these.
Summary
The SA EPA form is simple-looking but easy to fill out wrong. Here's a step-by-step guide to the key decisions and pitfalls.
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
- Enduring power of attorney in SA: complete guide
- 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.