Enduring Power of Attorney - Personal Care and Welfare

Gives someone you trust the power to make decisions about your health and welfare if you're unable to.

by Quentin Hix

QUENTIN HIX LEGAL - Enduring Power of Attorney - Personal Care and Welfare

About this document

Your EPA for Personal Care and Welfare authorises the attorney that you (the donor) have appointed to make decisions on your behalf about your personal care and welfare, if you become mentally incapable. You can appoint only one personal care and welfare attorney, but you can appoint a successor attorney to be your attorney if the previous attorney’s appointment ends. You can appoint more than one successor attorney.

What you need to know before you start the interview

  • Who your attorney will be, make sure you have talked to your chosen attorney/s and have their agreement before you start.
  • You will need your attorney’s full legal name, address, telephone number and e-mail if applicable
  • Your EPA will not be valid until signed by all parties. This includes you and your attorney and an authorised witness for your attorney.
  • Any special conditions you want your attorney to follow.
  • Whether you want your attorney to consult with anyone over decisions if so, you will need to know who these people are.

Choosing you Attorney

Think carefully about who you want to choose as your attorney. Your attorney can be anyone you trust to understand and respect your wishes and feelings and who is able to make decisions about your personal care and welfare. Usually, this is a friend, family member, or work colleague. Preferably, your attorney should live in the same area as you so that they can attend personally to your care and welfare. Make sure you have talked to your chosen attorney’s and have their agreement before you start.

Your Attorney must be

  • Aged 20 or older
  • Not a bankrupt
  • Mentally capable – able to make decisions themselves

Interview Time

This interview will take you approximately 15-40 minutes to complete depending on how complex your wishes are.

Document Type & Length

Word document. The document consists of multiple parts. You do not need to print this document as a copy will be sent to the Quentin Hix Legal Team. 

Witnessing Requirements

Your EPA must be signed and witnessed in the presence of a lawyer, legal executive or authorised officer or employee, who will complete the Certificate of Witness declaration (Form 5)

One of our Quentin Hix Legal Team must explain the effects and implications of the EPA and answer any questions you may have, this is included in the initial cost of the interview.

The signature of each attorney (and successor attorney) you appoint needs to be witnessed by someone other than you or your witness. The witness must be an adult and should not be a relative of the attorney or of the attorney’s spouse or partner or live at the same address as the attorney.

We will telephone you to arrange an appointment either at our office or alternatively we can visit you to make sure that your EPA reflects your wishes and complete the Certificate of Witness declaration (Form 5).

Alternately you can phone us (03) 687 9010

Please note that the use of any of our online services or products from this site does not constitute legal advice. Please contact us if you require legal advice. If you have any concerns about the document or would like further advice please contact us.

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