Under the Protection of Personal and Property Rights (PPPR) Act 1998, individuals can complete Enduring Powers of Attorney to cover their property, personal care and welfare, or both.
An Enduring Power of Attorney authorising the attorney to act generally or apply only to specific property, can come into force at the request of the principal or if the principal becomes incapable of understanding the action that they are taking.
These are for when you are unable to speak for yourself while you are alive. They cease to be valid on your death – that’s when you Will takes over.
You - the donor – appoint a trusted person – the attorney – to act on your behalf under the terms of the EPA to manage your affairs while you are unable to speak for yourself.
The Will has an executor appointed to carry out the persons affairs after their death.
Generally people have two EPAs – one for their Health and Welfare and one for their Finances and Estate.
If you do not have one then no one can make decisions on your behalf which means family may need to go to Court to get property and welfare orders.