Types of Power of Attorney
| Type | What It Covers | When It Applies |
|---|---|---|
| General | Financial and legal decisions | While you have capacity — ends if you lose capacity |
| Enduring (financial) | Financial and legal decisions | Continues if you lose capacity — this is the important one |
| Medical / Enduring guardian | Health and lifestyle decisions | Only when you can't make decisions yourself |
Why You Need an Enduring Power of Attorney
If you're in an accident, have a stroke, or develop dementia and can't manage your affairs, someone needs legal authority to pay your bills, manage your property, and make medical decisions. Without an enduring POA, your family must apply to a tribunal — which is slow, expensive, and stressful.
How to Set Up a POA in SA
- Choose someone you trust completely as your attorney
- Use the official SA form — each state has its own requirements
- The form must be signed and witnessed (requirements vary by state)
- Consider setting up both financial and medical POAs
- Give a copy to your attorney, your solicitor, and keep one yourself
Cost: DIY forms are available from the SA public trustee (often free). A solicitor typically charges $200–$500.
Frequently Asked Questions
What's the difference between general and enduring POA?
A general POA stops if you lose mental capacity. An enduring POA continues — it's specifically designed for situations where you can't make decisions yourself. The enduring one is what most people need.
Can I revoke a POA?
Yes, at any time while you have mental capacity. Put it in writing and notify your attorney and any institutions that have a copy.
Does my spouse automatically have POA?
No. Being married or in a de facto relationship doesn't give your partner legal authority over your finances or medical decisions. You need a formal POA.