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General Power of Attorney vs Enduring Power of Attorney

A general Power of Attorney authorises your attorney to act while you have mental capacity. If you lose capacity (due to illness, accident, or cognitive decline), the general POA automatically ceases. An enduring Power of Attorney continues to operate even after you lose capacity — which is precisely when you need it most.

For most Australians, an Enduring Power of Attorney is the essential document. Without one, your family would need to apply to a tribunal for guardianship or administration orders — a process that can take months, cost thousands of dollars, and cause significant stress during an already difficult time.

Financial POA vs Health/Medical POA

A financial POA authorises your attorney to manage your money, property, investments, bank accounts, tax affairs, and other financial and legal matters. A health or medical POA (called by different names in each state — Enduring Guardian, Medical Treatment Decision Maker, Advance Care Directive, etc.) authorises someone to make health care, lifestyle, and personal decisions on your behalf.

In most states, these are separate documents. However, in Queensland, the ACT, and the Northern Territory, you can combine both types of authority in a single document. You can appoint the same person for both, or different people for different types of decisions.

When Should You Create a Power of Attorney?

The best time to create a Power of Attorney is now — while you are healthy and have full mental capacity. You cannot create a valid POA after you have lost capacity, and accidents, strokes, and sudden illness can occur at any age. Every Australian adult over 18 should have an Enduring Power of Attorney as part of their estate plan, alongside their Will. Creating your POA with ezyWill takes under 20 minutes and costs just $99.