JP in Practice‎ > ‎09 EPAs and AHDs‎ > ‎

9.1 EPA


Process

  1. Principal must be present with ID, you may wish to make note of any attorney(s) and others present
  2. Note start time and end time to calculate duration of interview
  3. Have you previously made an EPA? If yes, advise all existing attorneys be informed EPA being revoked.
  4. Do you have a medical condition that impacts your decision making ability? Is there a medical certificate supporting your case?
  5. Has another JP viewed this document and declined to witness?
  6. Ask questions from this list suggested by the Office of the Public Guardian. Note the question numbers and answers in your log book. For example, Q1-7, 9-12, 14 answered well, Q8, 13 needed elucidation. See the correct answers:
    1. What is an Enduring Power of Attorney?
    2. Why do you want an Enduring Power of Attorney?
    3. What sort of decisions will your attorney be making for you?
    4. Can you limit the attorney’s powers if you want to?
    5. Are you able to give specific instructions to your attorney about decisions to be made?
    6. What is the extent of the assets over which the attorney will have control?
    7. How many attorneys can you have?
    8. Why have you selected this person to be your attorney?
    9. If you have more than one attorney, who will make decisions concerning you or your finances?
    10. When will the attorney’s power for financial matters begin?
    11. When will the attorney’s power for personal matters begin?
    12. How long does the attorney’s power last?
    13. Can you change or revoke the Enduring Power of Attorney?
    14. Is there anything else that will end the attorney’s power?
    15. What would you do if you didn’t agree with the attorney’s decision?
  7. Principal signs the EPA, JP witnesses signature
  8. JP completes the Witness Certificate page with signature, name, date, seal/registration number
  9. Attorneys present may elect to sign, but their signature is not witnessed
  10. Make detailed notes in log book, particularly on whether the principal had capacity to make the EPA and the attitude of any attorneys present

Notes

  • Check with principal they understand the important differences in powers when appointing a financial attorney (Question 5):
    • Immediately
    • On this date: ...
    • On this occasion: ...
  • The EPA Short Form (Form 2) is used when all attorneys are appointed both for financial and personal/health powers. The EPA Long Form (Form 3) is used when different attorneys are appointed for financial and personal/health powers.
  • If a person has a physical disability which prevents them from signing there is provision for another person to sign on their behalf (page 6 EPA Form 2).
  • Advise the principal to keep the original in a safe place and give a copy of their EPA to their personal/health attorney, GP, family members/friends
  • Advise the principal that copies of an EPA must be certified according to legislation. See 06 Certified Copies.
  • If the JP declines to witness the EPA then refer the principal to the Office of the Public Guardian.
  • The principal, provided they have capacity, may voluntarily revoke an EPA at any time by completing a Revocation of an EPA form (Form 6). You may also remind the principal they take reasonable steps to inform every attorney affected by the revocation.
  • If there is only one attorney an EPA ends if the principal should die, get married or divorced, enter or terminate a civil partnership, or make a later EPA. Also an EPA ends if the attorney dies, withdraws via a signed notice, loses capacity, becomes the principal's paid carer, or is declared bankrupt or insolvent.
  • The principal should approach the Office of the Public Guardian who may act on their behalf if an attorney acts inappropriately with assets. Ultimately QCAT and the Supreme Court may remove an attorney or end an EPA.