This information is to be used as a guide only. You should obtain independent legal advice if you are considering appointing an attorney or accepting an appointment as an attorney.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPOA) is a type of power of attorney which authorises a named person to make financial decisions on behalf of a donor. This continues even if the donor loses capacity. In other words, if the donor is no longer capable of making their own financial decisions, the EPOA will continue to operate to allow the attorney to make those decisions.
An EPOA is no longer valid if the donor passes away, and can only be revoked while the donor has capacity to make financial decisions. A donor can decide that the EPOA only comes into effect after they lose their capacity to make decisions and manage their own financial affairs.
What can an Enduring Power of Attorney do on a donor’s behalf?
An attorney has the ability to do anything in relation to the donor’s financial affairs that the donor could lawfully do themselves. For example, an attorney can:
- open, operate (including transferring money), or close bank accounts held in the donor’s name; and/or
- buy and sell property in the donor’s name.
It’s worth noting that there are risks and limitations to consider with powers of attorney.
Lodging an Enduring Power of Attorney document with P&N Bank
If you need to lodge an enduring power of attorney with us, use this checklist to make the process as easy as possible.
- Original document - we’re required to sight the original enduring power of attorney document. We are unable to accept photocopies. If you have an original certified copy, this may be acceptable, provided it has been certified by an authorised person and contains the certifier’s original signature.
- Fully completed and executed EPOA - ensure that the enduring power of attorney document has been completed in full. Check that all parties (donor and attorney) have signed, and that the document has been dated and witnessed as required.
- Photo identification - when attending a branch, the donor and attorney will each need to be identified using photo identification (a driver’s licence, passport or photo ID card). If the donor is unable to attend the branch, we can accept certified copies of their identification. Alternatively, please contact us to discuss other acceptable options.
- The attorney will need to create a profile with P&N Bank so we can provide access to the donor’s accounts and identify them when they contact us.
Reviewing and lodging an enduring power of attorney document can take some time, so we recommend allowing for this when coming to see us.
Please note that P&N Bank team members cannot provide advice on how the document should be completed, they cannot complete any part of the document on your behalf and cannot witness the document.
Where can I go for additional information?
If you require additional information or guidance on setting up a power of attorney, you should seek legal advice. The Western Australian government website contains further information on powers of attorney and enduring powers of attorney.
The government agencies listed below may also be able to assist:
- Office of the Public Advocate: 1300 858 455
- Public Trustee: 1300 746 116