An Enduring Power of Attorney (EPA) is a legal document which allows you to appoint an Attorney to make decisions about your financial and legal matters if you are unable to make them for yourself.

You can register your EPA with the Lands Titles Office (LTO) but this is only necessary if and when property is being sold by your appointed Attorney(s).

If you don’t own property, then your EPA never needs to be registered.

Yes - the financial aspects of the document will be recognised in South Australia.

If there are health, accommodation, or lifestyle decisions also included in the EPA (some states include both), South Australia will not recognise these.

An Advance Care Directive is the only document recognised in South Australia for health, accommodation, or lifestyle decisions.

Yes.

A revocation form is available at the back of the DIY EPA kit - or you can purchase the single form from Service SA.

This needs to be witnessed by an authorised witness and certified copies sent to any Attorney(s) who have been revoked.

No. People move house all the time - this isn't a problem.

If someone changes their name after marrying there is no issue there either - as long as they can prove the name change.

No. The document is now invalid because they can't act jointly.

You will need to make a new one.

Yes. How you do this depends on the situation and the way the document is written.

  • If the person who made the EPA still has decision-making capacity, they can make a new document.
  • If you are the only Attorney and the person who made the EPA has lost decision-making capacity you will need to make an application to SACAT for an Administration Order so an Administrator can be appointed.
  • If there are other Attorneys appointed, and you are appointed severally (or jointly and severally) you can send a letter (witnessed by a JP) to the person who made the EPA and to the other Attorneys, letting them know you are renouncing your role.
  • If you are appointed jointly with other Attorneys, an application must be made to SACAT for Administration Orders, as the document will no longer be valid.