Definitions of enduring power of attorney roles
These are the legal terms and definitions of the various roles for an enduring power of attorney (EPA or EPOA).
- Donor
- The person who the EPA is for. You decide if you want an EPA, what it covers and who you want to make decisions for you.
- Attorney
- The person or people who have the power to make decisions on your behalf. They’re often a family member, a trusted friend, or a professional — such as a lawyer or someone from a trustee corporation. They do not need to be lawyers or have had any legal training.
- Successor attorney
- This is a back-up attorney — in case an attorney is unavailable, has died or is unable to perform their duties.
- Lawyer
- An EPA must be created with help from either a lawyer, a qualified legal executive, or an authorised officer or employee of a trustee corporation.
- Trustee company or trustee corporation
- You can appoint a trustee corporation to be your attorney. A trustee corporation acts for you in a neutral and independent way but you need to pay for this.
- Suitably qualified medical practitioner
- A health worker who is qualified to assess a person’s mental capacity. It’s their job to assess your (the donor’s), mental capacity and to provide a medical certificate if they assess you’re mentally incapable.
- Mental capacity or incapacity
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When you have mental capacity or capability, you understand the information given to you and the decisions you need to make. You can think through the consequences of your decisions and communicate your decisions.
It’s the opposite situation when you have mental incapacity, incapability or when you’re incapacitated.
- Family court
- If there are any issues with or disputes about an EPA, the family court can get involved.
- Welfare guardian
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A person appointed by the family court to make personal care and welfare decisions for someone who lacks the capacity to make these decisions for themselves.
- Property manager
- A person appointed by the family court to make decisions about property and financial affairs for someone who lacks the capacity to make these decisions for themselves.
- EPA (or EPOA)
- The usual abbreviation for enduring power of attorney. EPOA may also be used.
- POA
- The usual abbreviation for an ordinary power of attorney. It may also be called a general power of attorney.
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