My father had a stroke in 2019. He survived. He spent three weeks in hospital and another six in rehab, and during that time he could not sign a cheque, authorise a Medicare claim, or tell the surgeon whether he wanted a particular procedure. My mother could not do any of those things on his behalf either, because nobody had ever filled in the paperwork.
The hospital social worker did the paperwork in the end. It took eleven days. It would have taken about thirty minutes if my father had filled in two forms when he was 50.
The two documents, plainly
These are the documents that govern what happens when you're alive but can't act for yourself.
Enduring Power of Attorney (financial). Names the person who can sign cheques, manage your bank accounts, deal with your super, sell or transfer property if you can't. The "enduring" word means the power survives the loss of capacity.
Advance Care Directive. Records your medical wishes for situations where you can't speak for yourself. Whether you want to be resuscitated, whether you want to be on life support, what kinds of treatment you'd refuse.
About 1 in 5 men over 40 will spend a meaningful stretch of life in a state where they're alive but can't decide. Most of us spend none of our energy preparing for it.
State by state: the AU detail
Each Australian state has its own form and its own register. Quick map:
- NSW. Power of Attorney Act and Guardianship Act.
- VIC. Powers of Attorney Act 2014. Single document covers financial and personal matters.
- QLD. Combined Enduring Power of Attorney covers both financial and personal/health matters.
- SA. Advance Care Directives Act 2013.
- WA. EPOA and AHD (Advance Health Directive) are separate forms.
- TAS. Powers of Attorney Act and Guardianship and Administration Act.
- ACT and NT. Each have their own legislation.
The deeper detail lives in the Caring for an Ageing Parent Journey, module 2.
DIY versus solicitor
The forms exist for free. State governments publish them online. You can fill them in at the kitchen table.
Free DIY works for: a man in his thirties or forties, in good health, with straightforward finances, naming his partner as the attorney.
Solicitor (usually $300-$700 if added to a will engagement) for: blended families, business owners, self-managed super, international assets, difficult family dynamics.
The four people questions
1. Who's the financial attorney. Almost always the partner. Backup is usually an adult sibling or adult child over 25.
2. Are the powers immediate or only on incapacity. Most men choose "only on incapacity" but couples who run a business often choose "immediate."
3. Who's the medical decision-maker. Same person as the financial attorney is the most common choice.
4. What are your actual medical preferences. Spend an hour thinking about it. Talk to your partner. Write what you actually want. The hospital reads what you wrote, not what you meant.
The 30-minute job
- Download the EPOA and ACD forms for your state.
- Fill them in.
- Get them witnessed by an authorised witness.
- Give a copy to your partner or attorney. Keep the original with your will.
- Tell your GP you've done one.
Sign once. Sign while you can. Don't make your family do the eleven-day version.
Further watching
- 01EPOA covers your finances, ACD covers your medical wishes, both kick in if you're alive but can't decide. The will doesn't cover this gap.
- 02Free DIY forms exist in every state and territory. Use them unless you've got a blended family, a business, or international assets.
- 03Name the partner as primary attorney and a sibling or adult child over 25 as backup. Decide whether powers are immediate or on-incapacity.
- 04Spend an hour thinking through actual medical preferences. The hospital reads what you wrote, not what you meant.
- 05Witness it, copy it, give one to your attorney, tell your GP. Thirty minutes start to finish.
The gap that the EPOA and ACD cover, which the will cannot, is: