Choose who can help with your finances. Understand the authority you give.

Need advice about an enduring power of attorney in Gawler? PA Law Pty Ltd helps you prepare or review an EPOA that reflects your circumstances. Based in Evanston South, we assist clients in Gawler, Adelaide and across South Australia. We explain the choices involved, discuss the people you are considering and help you understand the document before signing.

Arrange an EPOA Appointment   |   Call 0431 614 696

Enduring power of attorney Gawler: personal advice

An EPOA appointment is an opportunity to work through practical questions: who understands your affairs, who can manage the responsibility, and what should happen if help is needed unexpectedly? You may be planning ahead, reviewing an old document or coordinating arrangements with your will. Bring your questions even if you have not decided whom to appoint.

Meet Manal Amro, Principal Solicitor of PA Law. Appointments are by arrangement, including telephone and Microsoft Teams consultations where appropriate. Discuss the appointment format and signing arrangements when you contact us.

What does an enduring power of attorney do?

An enduring power of attorney appoints someone to act in your legal and financial affairs during your lifetime, including if you lose legal capacity. Depending on its terms, this can involve banking, bills, property and other financial dealings. The person you appoint is called your attorney or donee; you are the donor. An attorney in this context does not have to be a lawyer.

A general power of attorney ends if you lose legal capacity. An enduring power of attorney can continue in those circumstances. It can begin immediately or operate during periods of legal incapacity, depending on how it is prepared. Discuss which arrangement fits your needs and what evidence may be required before it is used. See the South Australian Government’s power of attorney guidance.

How is an EPOA different from a will or advance care directive?

• EPOA: legal and financial authority during your lifetime.
• Will: instructions for your estate after death. Read about making or updating your will with PA Law.
• Advance care directive: wishes and relevant substitute decisions about health care, accommodation and personal matters. An EPOA does not provide that authority. See our advance care directive advice in Gawler. The SACAT guide to advance care directives explains the distinction.

These documents serve different purposes. Our estate planning, Wills, EPOA and ACD overview explains how PA Law can help you consider them together.

Why your will still matters in South Australia

An enduring power of attorney does not replace your will. Your will nominates an executor and records who should receive your estate after your death. Without a valid will, South Australian intestacy rules determine how your estate is distributed. The SA Government guide to making a will explains the basics.

Bring your current will to the appointment so you can consider how your attorney and executor appointments fit together. For advice about beneficiaries, executors and reviewing your will, visit our Wills Lawyer Gawler page.

Choosing your attorney and setting clear instructions

Who is suitable for the role?

Consider an adult you trust who can manage financial matters, keep records and make time for the responsibility. Ask whether they are willing before naming them. Think about their availability, their relationship with other family members and whether they would seek advice when a decision is difficult. Familiarity alone does not settle whether someone is suitable.

For your appointment, write down the people you are considering and any concerns you want to discuss privately. Tell us if someone is encouraging an appointment you do not want, or if you feel uncomfortable giving a person access to your finances.

Should you appoint more than one person?

Joint appointments generally require attorneys to act together. Joint and several appointments allow an attorney to act independently. Each choice has practical consequences: needing agreement may offer oversight but can make decisions harder if people are unavailable or disagree. Discuss what should happen if an attorney cannot continue, and how the arrangement would work with your banks and assets.

What safeguards should you discuss?

Ask about conditions, financial reporting and limits on particular transactions. Consider who should receive information and how concerns could be raised. Restrictions need careful drafting so they do not prevent necessary expenses or future care arrangements. Bring details of any business, trust, jointly owned property or interstate connection rather than assuming a standard document covers every role you hold.

The Legal Services Commission’s EPOA kit explains appointment choices and safeguards. Your attorney must act in your interests and keep accurate records. The appointment does not give them an early inheritance or authority to rewrite your will.

Making and signing an EPOA in South Australia

You must be at least 18 and have legal capacity to make an EPOA. You need to understand the nature and effect of the document and communicate your wishes. Someone else cannot create an EPOA on your behalf after you lose that capacity. If capacity is uncertain, discuss this before the appointment; medical evidence may be appropriate.

Your signature must be witnessed by a person authorised to take affidavits, such as a lawyer or justice of the peace in South Australia. An appointed attorney cannot be your witness. The attorney must also sign their acceptance, which does not itself need witnessing. Do not sign in advance of the agreed witnessing arrangements. Read the Legal Services Commission’s power of attorney guide for further information.

Keeping the document accessible

Discuss where the original will be kept and who needs certified copies. Ask what your bank or other institution requires when the document is used. Keep a record of who has received a copy so you can contact them if arrangements change.

Does an EPOA need to be registered?

Registration is not generally required, but the power of attorney must be lodged with Land Services SA before your attorney can deal with your real estate. A lodgement fee applies. Banks and other institutions may also need a copy or have their own recording requirements. Raise any planned property transaction early so the document and lodgement arrangements can be checked.

Reviewing or replacing an existing enduring power of attorney

Bring the complete signed document, including any conditions and acceptance pages. Tell us what has changed: your relationship with an attorney, their availability, your assets, or the way you want decisions made. Reviewing the document is particularly useful if an attorney has died, moved away or can no longer manage the role.

While you have the necessary legal capacity, you can revoke your appointment. Ask about written notice to your attorney, banks and other organisations relying on it. If the document was lodged with Land Services SA, a revocation must also be lodged there. Keep a list of everyone who received the earlier document so the change reaches the right people.

Ask PA Law to review your existing EPOA.

Your EPOA appointment: 3 steps

1. Explain what you need

Contact PA Law to arrange advice about a new EPOA or an existing document. Mention any urgency, concerns about capacity, or need for help communicating your instructions. The person making the document needs to give their own instructions freely.

2. Gather the useful information

Bring any existing powers of attorney, your will and advance care directive if available, proposed attorneys’ full names and contact details, and a broad outline of your assets and financial commitments. Make a note of any conditions you want to discuss. You do not need to send sensitive financial records through a general enquiry form.

3. Review the choices and signing arrangements

Check names, when the authority starts, how multiple attorneys will act and any conditions before finalising the document. Ask about wording you do not understand, the acceptance process and certified copies. Agree on the next steps for your circumstances.

How much does an enduring power of attorney cost?

Contact PA Law to discuss the work required and request a quote. Explain whether you need a new appointment, a review or coordinated estate-planning documents. Ask what the quote includes, including advice, drafting, signing arrangements, GST and any additional expenses.

7 essential enduring power of attorney FAQs

Does my spouse automatically have power of attorney?

Marriage alone does not appoint your spouse as your attorney. Consider what legal authority would be needed for someone to manage your affairs and whether an EPOA is appropriate.

Do I lose control of my finances when I make an EPOA?

Making an EPOA does not itself take away your ability to manage your affairs while you have capacity. However, an appointment that starts immediately gives your attorney authority to act too. Understand the scope and commencement before signing.

Can I change or cancel my EPOA?

You can revoke an EPOA while you have the necessary legal capacity. Seek advice about preparing the revocation and notifying attorneys, banks and anyone holding a copy. Do not assume replacing a document automatically tells everyone who has relied on the old one.

What if someone has already lost capacity and has no EPOA?

A new EPOA cannot simply be signed for them by a relative. Depending on their circumstances, an application to SACAT for an administration order may be needed. The Public Trustee explains what happens without an attorney. Obtain advice about the person’s existing arrangements and current needs.

Does an EPOA continue after death?

No. An attorney’s authority ends on the donor’s death. Estate administration is a separate role; see PA Law’s probate and estate administration services.

Can I use a do-it-yourself form?

The Legal Services Commission provides an EPOA kit. A form still needs to reflect your choices and meet the signing requirements. Legal advice is useful if you are unsure about conditions, appointment arrangements, capacity or how the document fits with your assets.

Can I get advice from Adelaide or elsewhere in South Australia?

Yes. PA Law assists clients in Gawler, Adelaide and throughout South Australia from Evanston South. Appointments are by arrangement. Contact us to discuss a suitable consultation format and how signing can be organised.

Arrange your enduring power of attorney appointment

Start with your questions. Tell us whether you are making your first EPOA, reviewing an appointment or planning several documents together.

PA Law Pty Ltd — Evanston South, South Australia
Serving Gawler, Adelaide and clients across South Australia.

Arrange an EPOA Appointment   |   Call 0431 614 696
Email: manal@palaw.au

This page provides general information, not legal advice for your circumstances. Liability limited by a scheme approved under Professional Standards Legislation.