As we move through life, we plan for many things — work, family, retirement and finances. Yet one area that is often overlooked is planning for a time when we may not be able to make decisions for ourselves.
This is where documents like a Power of Attorney, Enduring Power of Attorney, and an Advance Care Directive become critically important. While they sound similar, they serve very different purposes.
This article explains each in simple terms and highlights why seeking professional advice is essential.
This is general information only and is not based on any particular person’s circumstances.
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust (called an attorney) to make decisions on your behalf.
These decisions usually relate to:
- Finances
- Legal or property matters
- Signing documents
A Power of Attorney is commonly used for short-term or specific situations, such as:
- You are travelling overseas
- You are temporarily unwell
- You need someone to manage a particular transaction
Important to know:
A standard Power of Attorney stops being valid if you lose mental capacity. If you are no longer able to make decisions, this authority automatically ends.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPOA) is similar to a standard Power of Attorney — but with one crucial difference.
It continues to operate even if you lose mental capacity.
This means the person you appoint can continue to manage:
- Financial matters
- Property decisions
- Legal affairs
If you were to develop dementia, suffer a stroke, or experience a serious accident, your Enduring Power of Attorney ensures that someone you trust is legally authorised to act for you.
Without an EPOA in place, loved ones may need to apply to a tribunal or court to be appointed — a process that can be stressful, slow and expensive.
What is an Advance Care Directive?
An Advance Care Directive (ACD) is different again.
Rather than focusing on money or assets, it focuses on your health care and personal wishes.
An Advance Care Directive allows you to:
- Outline your wishes for medical treatment
- Appoint a substitute decision-maker for health matters
- Express values and preferences about end-of-life care
For example, it can cover:
- Life-support decisions
- Pain management preferences
- Cultural, spiritual or personal values
An ACD only comes into effect if you cannot communicate or make decisions for yourself.
It provides guidance to doctors and loved ones during emotionally difficult times and helps reduce uncertainty, conflict and guilt.
Why these documents are so important
Many people assume their spouse, children or family members will automatically be able to step in and make decisions for them. In reality, this is not always the case.
Without the correct documents in place:
- Financial accounts may be frozen
- Property transactions may be delayed
- Medical decisions may be made without clear guidance
Having the right documents ensures your wishes are known, respected and legally recognised.
Top 3 reasons to put these documents in place
- You stay in control — even when you can’t speak for yourself
These documents allow you to decide:
- Who acts on your behalf
- What decisions they can make
- How and when those decisions apply
Rather than leaving decisions to chance, the courts or disagreements between family members, you set the rules in advance.
- It protects your family from stress and conflict
When no authority or guidance exists, families may disagree on:
- Medical treatment
- Financial priorities
- What you “would have wanted”
Clear legal documents reduce emotional strain, avoid family conflict and provide certainty during already difficult times.
- Life changes — and planning early matters
Loss of capacity can occur at any age due to:
- Illness
- Accidents
- Sudden medical events
Putting these documents in place before you need them ensures they are valid and ready. Waiting until something happens can mean it’s already too late.
Why seeking professional advice is essential
While templates and online forms exist, these documents are powerful legal tools. Poorly drafted or misunderstood documents can:
- Be invalid
- Be challenged
- Not work as intended
Professional advice ensures:
- The documents suit your personal situation
- Roles and responsibilities are clearly defined
- Your wishes align across legal, financial and medical planning
Advice also helps coordinate these documents with your Will, estate plan and broader financial strategy.
Final thoughts
A Power of Attorney, Enduring Power of Attorney and Advance Care Directive each play a unique role in protecting you and those you care about.
They are not just legal paperwork — they are acts of care, clarity and responsibility.
Planning ahead provides peace of mind, knowing that if the unexpected happens, your wishes will be respected and your loved ones supported.
This information is general in nature and does not take into account individual objectives, financial situations or needs. Professional advice should be sought before acting on this information.
If this article has inspired you to think about your unique situation and, more importantly, what you and your family are going through right now, please get in touch with your advice professional.
This information does not consider any person’s objectives, financial situation, or needs. Before making a decision, you should consider whether it is appropriate in light of your particular objectives, financial situation, or needs.
(Feedsy Exclusive)