Enduring Power of Attorney - Property

Allows you to appoint someone to make decisions on your behalf about your property affairs

by Quentin Hix

QUENTIN HIX LEGAL - Enduring Power of Attorney - Property

About this document

Your EPA for Property authorises the attorney(s) that you (the donor) have appointed to make decisions on your behalf in regard to all your property this includes bank accounts, investments and so on. For an EPA for Property you can appoint more than one person and you need to decide if you want them to act jointly or separately.

Acting Jointly

If they act jointly, they must take decisions together and anything requiring a signature will require all of their signatures

Acting Separately

If you allow your attorneys to act separately – also known as “severally” – means that each attorney could act independent of the other attorney 

What you need to know before you start the interview

  • Who you attorney(s) will be, make sure you have talked to your chosen attorney/s and have their agreement before you start.
  • Your EPA will not be valid until signed by all parties. This includes you and your attorney and an authorised witness for you 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, as the role can be misunderstood or abused. The ideal attorney is someone you really trust, someone who will keep your best interests at heart and who cannot benefit financially from the decisions they may have to make. 

You need to choose someone you trust to be your attorney as they’ll have the power to

  • Sell your house and other property
  •  Access your bank account
  • Manage your investments
  •  Pay your bills
  •  Your attorney should have the time and skills to deal with your money and property
  •  Your attorney also needs to keep records of any decisions and actions they take and consult you as much as they can

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 your EPA and answer any questions you may have, this is included in 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 documents reflects your wishes.  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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