What they have in common

An ordinary or general power of attorney (POA) and an enduring power of attorney (EPA or EPOA) have the same purpose — you give your authority for someone to act on your behalf.

They help you (the donor), by giving the people you choose (your attorneys), the power to do some things for you. Your attorneys do not need to be lawyers or have any legal training.

You can choose to give your attorneys specific powers for certain situations or general responsibility for everything.

This authority is limited to 2 areas.

Personal care and welfare EPA

This EPA includes your health and wellbeing, where and how you live, if you need to be in full-time care, your general welfare and enjoyment of life.

Property EPA

This EPA includes powers such as buying and selling real estate, managing rental properties, buying insurance, making financial transactions in your name and collecting any debts due.

If you have a business, it includes running that too or perhaps selling it — depending on what you’ve specified in your EPA.

Definitions of enduring power of attorney roles

How they’re different

The main difference is when they start and end.

• An ordinary POA is only valid while you’re mentally capable.
• Your EPA for personal care and welfare only starts if you lose your mental capacity.
• An EPA for property can start as soon as it’s created, sometime later, or only if a suitably qualified medical practitioner decides you do not have the mental capacity to manage your money, property and other assets.

Your lawyer will help you to decide if a POA is the best option for your situation.

An ordinary power of attorney (POA)

Ordinary or general POA are used for short-term, temporary or specific purposes.

When you give general authority to your attorney under a property POA, you give them the power to do anything with your money, property and other assets that you could do if you were personally present.

More specific authority for property includes when you, for example:

• appoint someone to manage your bank account
• let out your house while you’re overseas.

If you lose your mental capacity your POA is no longer valid and your attorneys lose the authority they had under your POA.

Creating a POA

If you’re thinking about creating an ordinary power of attorney, keep in mind that many lawyers do not offer this service.

Search for power of attorney templates and forms online or contact a lawyer.

An enduring power of attorney (EPA)

Your property EPA can start to apply:

• as soon as it’s created
• sometime later, or
• only if a suitably qualified medical practitioner decides you do not have the mental capacity to manage your money, property and other assets.

Your personal care and welfare and property EPAs both stop when you cancel them. They are automatically invalid when you die — your will takes effect instead.

EPAs are made when you have mental capacity and are used for long-term purposes, such as appointing an attorney to make decisions for you if you lose your mental capacity.

An EPA is not just for elderly people. Anyone over the age of 18 should consider creating an EPA to protect their interests in case of incapacity.

Unexpected accidents or illnesses can occur at any age, and an EPA can help ensure that an individual’s affairs are managed according to their preferences if they become incapacitated.

Learn more about EPAs:

• Enduring power of attorney
• Create an enduring power of attorney
• Personal care and welfare enduring power of attorney
• Property enduring power of attorney.