What Happens If You Don’t Have an Enduring Power of Attorney?
Most of us don’t like to think about losing the ability to make decisions. It’s uncomfortable, it feels distant, and many of us hope it won’t happen anytime soon. It’s much easier to simply push it to the side and deal with the much more pleasant here and now… but what if we do lose the ability to make our own decisions without an Enduring Power of Attorney (EPA) in place?
Having an EPA is a way to protect yourself and your loved ones, ensuring that your wishes are respected if you become unable to make decisions about your finances, health and personal matters.
Why an EPA Matters
An EPA allows you to choose someone (or some people!) you trust to make decisions for you at a time specified by you. These people are called your attorneys. You can choose when the power begins. For example, you can tie it to a triggering event (like, losing the ability to make your own decisions), or, you can give the power immediately.
You can also set limits on the powers your attorneys have (for example, you could cover things like paying bills, managing property, or making personal or healthcare decisions). You may also require that certain people are notified when an attorney is exercising their power.
Without an EPA, there may be unnecessary delays, stress, and even legal complications for the people you care about most.
The Risks of Not Having an EPA
Lack of power to make decisions
Family or friends may want to help, but without a formal EPA, they may not have the legal authority to act on your behalf.Court intervention may be required
If you can’t make decisions, a tribunal (QCAT in Queensland) may have to appoint someone to act for you. This process can be stressful for your loved ones.Decisions may not reflect your wishes
Without someone formally appointed, important decisions—financial, legal, or health-related—may be made by people who don’t fully understand your preferences.Additional stress for family and friends
Your loved ones may face emotional and practical challenges during what is already a difficult time. Having an EPA in place removes uncertainty and provides clear guidance.
How to Take the First Step
Getting an EPA doesn’t have to be complicated. Here’s how you can start:
Choose someone you trust – your attorney should understand your wishes and act in your best interest. Its always a good idea to also have a backup, in case the person you wish to act in the first place is unable to do so.
Consider the decisions that need to be covered – financial, legal, personal care, or health.
Book an appointment with a professional – we can guide you through the process, answer your questions, and make it simple.
Even one appointment can make a world of difference.
Peace of Mind Starts Here
At Lawson Lawyers, we’re proud to help families across the Mackay region put an Enduring Power of Attorney in place. It’s not just about legal documents—it’s about peace of mind for you and your loved ones.
Book an appointment today and take the first step toward protecting yourself and those you care about most.
Was this article helpful for you? Why not check out our FaceBook post about common confusion between the roles of attorneys and executors?
This blog post is intended to provide general information only and does not constitute legal advice.