When does an enduring power of attorney start?

An enduring power of attorney can commence either immediately on signing, or only if and when the testator loses capacity. You choose at execution. Most SA EPAs are set to commence on loss of capacity – the testator keeps control while they have capacity, and the attorney only steps in when needed.

Commencement options

Immediate: attorney can act from the moment of signing. On loss of capacity: attorney can only act once a medical certificate confirms capacity loss. On a specific event: less common, but some EPAs use specific triggers.

Immediate commencement

Useful if you want the attorney to help with day-to-day affairs immediately – travel, business complexity, or simply preferring to delegate. The downside: the attorney has full authority immediately, which some people don't want while they retain full capacity themselves.

On loss of capacity

The more common choice. The attorney has no authority until a doctor certifies the testator has lost capacity. This preserves autonomy while you have it. The trade-off: if a medical certificate is slow to obtain, the attorney may be delayed when they need to act.

Proving capacity loss

Typically requires a medical certificate from a treating doctor stating the testator no longer has capacity. For borderline cases, a specialist (geriatrician, psychiatrist) may be needed. Most banks and institutions will want to see the certificate before accepting the attorney's authority.

Summary

EPAs can start immediately on signing, or only if you lose capacity. Here's how the two options work.

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
• Signing documents for someone losing capacity
• Enduring powers of attorney service