What’s the Difference Between a Will, an Enduring Power of Attorney, and an Advance Care Directive? – Part II
An Enduring Power of Attorney – appointing a legal and financial decision maker
An Enduring Power of Attorney is a legal document that lets you appoint someone you trust to make financial and legal decisions on your behalf while you’re still alive, but possibly unable to act — such as due to illness, injury, or loss of mental capacity.
You can also appoint someone to help you if you have not lost your capacity but just need some help.
An EPA can be used for:
- managing bank accounts or bills;
- selling or buying property; or
- making business or investment decisions.
An EPA ends at the time of your death, at that point, your Will takes over. In South Australia, EPAs do not cover healthcare or personal decisions, that’s where the Advance Care Directive comes in.
Advance Care Directive – appointing a medical and personal decision maker
An Advance Care Directive (ACD) is a legal document that allows you to record your requests for future health care, medical treatment, living arrangements, and end-of-life care. You appoint one or more Substitute Decision-Makers to advocate for you if you are unable to do so yourself.
Unlike an EPA, the ACD deals with personal and health decisions, including:
- where you want to live if you need supported care;
- who you see and spend time with;
- which medical treatments you do or do not want; and
- end-of-life decisions such as binding non-resuscitation clauses (known as binding refusals of healthcare).
This document gives your loved one’s clear legal guidance if you’re unable to make or communicate decisions due to illness, injury, or loss of mental capacity.
It also allows you to take the burden of “turning off the machines” away from your loved ones, by allowing you to nominate a point at which you want no further medical treatment.
Why All Three?
Each document serves a different but equally important purpose:
- Your Will ensures your assets are passed on as you intended. If you do not have a Will, your estate will be distributed in accordance with the Succession Act 2023, which may not align with your wishes.
- An EPA and ACD ensures your finances, healthcare and living arrangements are managed by someone you choose.
If you do not have an ACD or EPA, one of your family members will be able to apply to SACAT for similar powers which could result in protracted and sometimes costly proceedings, if your family can not agree. It may also result in someone you don’t want making decisions for you.
At D’Angelo Lawyers, we make estate planning easy and approachable. Whether you haven’t started your estate planning or are updating old documents, we can help you put the right protections in place for you.