Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 283

6 quick answers on appointing an enduring Power of Attorney

There may be times when, perhaps due to family illness or incapacity or if someone is working abroad, someone else needs to hold an enduring power of attorney (POA) over a person’s financial and legal affairs.

A POA is essentially a document that will legally appoint someone to act on another’s behalf. This arrangement can be useful as people age and struggle to manage their financial affairs, particularly if they start to lose their mental capacity.

What is mental capacity?

To be mentally capable is to be able to fully understand any decisions that need to be made, which includes the reason you are making a decision and the outcome of that decision. It also means having the ability to communicate or to make decisions at the time they need to be made. This may include the sale of property or shares in order to pay for medical bills, or aftercare service in case of illness.

What are the differences between general and enduring POA?

A general POA gives another person control of your financial matters but only for a certain period of time such as an extended overseas visit or stay in hospital. If during this time you become incapacitated, then the general POA documentation becomes invalid.

On the other hand, an enduring POA gives someone such as a financial adviser control of your financial matters for an indefinite period if you are not able to make the right decisions due to mental or physical incapacity. Therefore, if there were changes, for example, to government policy that affected your superannuation and you had not nominated a POA with relevant financial wealth management expertise to manage your affairs, then it could affect your savings, income and potentially your wellbeing.

Who can be nominated as a POA?

The person appointed must be over 18 years-of-age and should not have an interest or stake in the financial affairs of the individual who appoints them. Having a family member is difficult as there may be a conflict of interest when it comes to financial matters. It needs to be someone in whom you have total trust and confidence, and also someone who is financially literate.

If you choose a close friend to undertake this role, it will be important they meet with your financial adviser to ensure they have a full understanding of the state of your financial affairs in case they take over decisions on your behalf.

What financial decisions can a POA make?

Enduring POA for financial matters allows the attorney to make decisions that are related to financial or property matters. This could include day-to-day decisions regarding personal finances and investment portfolios, payment of bills, management of property or completion of tax returns. This is why it is important they understand your financial needs, now and in the future.

Who can draw up enduring POA documentation?

It is always best to ask a solicitor to complete any form of legal documentation. There have been cases highlighted by Alzheimer’s Australia in which enduring POA agreements were used to the detriment of vulnerable adults.

Financial institutions are also looking carefully at POA agreements and will usually require some form of validation, so avoid the DIY POA kits from the internet.

Should the attorney receive payment for this role?

Expenses incurred by those acting as an enduring POA or other fees can be agreed, and you can authorise the attorney to pay themselves a reasonable amount for undertaking this role. Again, bearing in mind if there could be questions or disputes raised at a later date by family members, the attorney must keep records and account for all they spend.

It may be worthwhile appointing a professional organisation or individual to act on your behalf. This will likely incur fees but may cause less hassles in the long run.

Whether you are planning ahead for yourself or managing the affairs of elderly parents or relatives, it is always best to talk to a financial adviser and share any concerns. We have seen many instances of complications when clients have not appointed a POA prior to their circumstances changing.

 

Phillip Richards is the Director and Financial Adviser at Endorphin Wealth Management. This article is general information and does not consider the circumstances of any individual.


 

Leave a Comment:

RELATED ARTICLES

Every SMSF trustee should have an Enduring Power of Attorney

10 steps to protect your SMSF from loss of mental capacity

banner

Most viewed in recent weeks

Australian stocks will crush housing over the next decade, one year on

Last year, I wrote an article suggesting returns from ASX stocks would trample those from housing over the next decade. One year later, this is an update on how that forecast is going and what's changed since.

What to expect from the Australian property market in 2025

The housing market was subdued in 2024, and pessimism abounds as we start the new year. 2025 is likely to be a tale of two halves, with interest rate cuts fuelling a resurgence in buyer demand in the second half of the year.

The perfect portfolio for the next decade

This examines the performance of key asset classes and sub-sectors in 2024 and over longer timeframes, and the lessons that can be drawn for constructing an investment portfolio for the next decade.

Howard Marks warns of market froth

The renowned investor has penned his first investor letter for 2025 and it’s a ripper. He runs through what bubbles are, which ones he’s experienced, and whether today’s markets qualify as the third major bubble of this century.

9 lessons from 2024

Key lessons include expensive stocks can always get more expensive, Bitcoin is our tulip mania, follow the smart money, the young are coming with pitchforks on housing, and the importance of staying invested.

The 20 most popular articles of 2024

Check out the most-read Firstlinks articles from 2024. From '16 ASX stocks to buy and hold forever', to 'The best strategy to build income for life', and 'Where baby boomer wealth will end up', there's something for all.

Latest Updates

Investment strategies

The perfect portfolio for the next decade

This examines the performance of key asset classes and sub-sectors in 2024 and over longer timeframes, and the lessons that can be drawn for constructing an investment portfolio for the next decade.

Shares

The case for and against US stock market exceptionalism

The outlook for equities in 2025 has been dominated by one question: will the US market's supremacy continue? Whichever side of the debate you sit on, you should challenge yourself by considering the alternative.

Taxation

Negative gearing: is it a tax concession?

Negative gearing allows investors to deduct rental property expenses, including interest, from taxable income, but its tax concession status is debatable. The real issue lies in the favorable tax treatment of capital gains. 

Investing

How can you not be bullish the US?

Trump's election has turbocharged US equities, but can that outperformance continue? Expensive valuations, rising bond yields, and a potential narrowing of EPS growth versus the rest of the world, are risks.

Planning

Navigating broken relationships and untangling assets

Untangling assets after a broken relationship can be daunting. But approaching the situation fully informed, in good health and with open communication can make the process more manageable and less costly.

Beware the bond vigilantes in Australia

Unlike their peers in the US and UK, policy makers in Australia haven't faced a bond market rebellion in recent times. This could change if current levels of issuance at the state and territory level continue.

Retirement

What you need to know about retirement village contracts

Retirement village contracts often require significant upfront payments, with residents losing control over their money. While they may offer a '100% share in capital gain', it's important to look at the numbers before committing.

Sponsors

Alliances

© 2025 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.