Enduring Power of Attorney (EPA) for Property

Enduring Power of Attorney (EPA) for Property

Your EPA in relation to PROPERTY authorises the Attorney that you, the donor, have appointed to make decisions on your behalf about your property affairs, particularly when you cannot do so for yourself because you have become mentally incapable. Your attorney can act for you while you are mentally capable if you authorise them to do so. We recommend you grab a cuppa as it may take 30 minutes to complete this questionnaire.

A) Your Personal Details

In an EPA the person creating the EPA is referred to as the "Donor".
Your Full Name

PrefixFirst NameMiddle NameLast Name
Your Email:
example@example.com

B) Previous Enduring Powers of Attorney (EPA)

If you have 1 or more previous EPAs in relation to your property, you may choose to revoke them, or specify below that 1 or more of them will continue. If you specify that you want a previous EPA to continue, you need to make sure the authority to act under the previous EPA is not inconsistent with your Attorney(s) authority to act under this EPA, otherwise it may not be clear what each Attorney’s duties are. If the EPAs relate to different things, this will not be a problem.
Do you have a previous EPA for your property?

I do not have any previous EPA(s).I revoke all previous EPAs in relation to my property that I may have given.I want to continue only the previous EPAs in relation to my property that are specified below.
List details of any property EPA that is to continue. If none, you may leave the space blank or specify “None”:

C) Attorney(s)

Under the EPA for property you can appoint one (1) or more Attorneys to act for you on property matters. These can be individuals or a trustee corporation. This form allows for two (2) Attorneys, but you can appoint more if you wish. An Attorney must be at least 20 years old and not bankrupt or mentally incapable themselves or be a trustee corporation. Further down the form you are able to appoint Successor Attorneys that will act only if one of your Attorneys is unable to act.
Attorney One Full Name:

PrefixFirst NameMiddle NameLast Name
Attorney One relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Attorney One Email:
example@example.com
Attorney One Phone:

Area CodePhone Number
Attorney One Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
If you have a copy of your Attorney One's Passport or Drivers Licence, please upload here (optional):

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Attorney Two Full Name:

PrefixFirst NameMiddle NameLast Name
Attorney Two relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Attorney Two Email:
example@example.com
Attorney Two Phone:

Area CodePhone Number
Attorney Two Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
If you have a copy of your Attorney Two's Passport or Drivers Licence, please upload here (optional):

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Attorney Three Full Name:

PrefixFirst NameMiddle NameLast Name
Attorney Three relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Attorney Three Email:
example@example.com
Attorney Three Phone:

Area CodePhone Number
Attorney Three Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
If you have a copy of your Attorney Three's Passport or Drivers Licence, please upload here (optional):

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Provide similar details for any other individual Attorney(s)
Details of Attorney (if a Trustee Corporation)

Scroll down and click "Next" if you are not appointing a Trustee Corporation.
Name of Trustee Corporation:
Trustee Corporate Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
Trustee Corporation Email:
example@example.com
Trustee Corporation Phone Number:

Area CodePhone Number

D) When Your Enduring Power of Attorney (EPA) Comes Into Effect

You must decide when you want your EPA to come into effect; that is, whether you want your Attorney to act for you only if you become mentally incapable, or while you are mentally capable and continuing if you become mentally incapable.
My EPA will come into effect:

My Enduring Power of Attorney will come into effect only if I become mentally incapable.My Enduring Power of Attorney will come into effect while I am mentally capable, and continues in effect if I become mentally incapable.

E1) First Successor Attorney

If any of your Attorneys in the first instance are unable to act, you have the option to name someone to be your First Successor Attorney. A First Successor Attorney will only act as your Attorney if an original Attorney is unable to act.
Appointment of a First Successor Attorney:

If the appointment of any Attorney named in section C ends, I appoint as my First Successor Attorney(s) the person(s) named below.If the appointment of all Attorneys named in section C ends, I appoint as my First Successor Attorney(s) the person(s) named below.I do not wish to appoint any Successor Attorneys.
If you selected that you do not wish to appoint a First Successor Attorney, scroll down and click "Next". If you selected that you wish to appoint a First Successor Attorney, provide their details below.
First Successor Attorney Full Name:

PrefixFirst NameMiddle NameLast Name
First Successor Attorney relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
First Successor Attorney Email:
example@example.com
First Successor Attorney Phone:

Area CodePhone Number
First Successor Attorney Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
If you have a copy of your First Successor Attorney's Passport or Drivers Licence, please upload here (optional):

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Joint First Successor Attorney Full Name:

PrefixFirst NameMiddle NameLast Name
Joint First Successor Attorney relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Joint First Successor Attorney Email:
example@example.com
Joint First Successor Attorney Phone:

Area CodePhone Number
Joint First Successor Attorney Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
If you have a copy of your Joint First Successor Attorney's Passport or Drivers Licence, please upload here (optional):

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Details of First Successor Attorney (if a Trustee Corporation)

Scroll down and click "Next" if you are not appointing a Trustee Corporation.
Name of Trustee Corporation:
Trustee Corporation Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
Trustee Corporation Email:
example@example.com
Trustee Corporation Phone:

Area CodePhone Number

E2) Second Successor Attorney

If your Attorney(s) in the first instance and your First Successor Attorney(s) are unable to act, you have the option to name someone to be your Second Successor Attorney(s). A Second Successor Attorney will act as your Attorney only if your original Attorney(s) and First Successor Attorney(s) are unable to act.
Appointment of a Second Successor Attorney:

If the appointment of any of my First Successor Attorney(s) ends, I appoint as my Second Successor Attorney(s) the person(s) named below.If the appointment of all of my First Successor Attorney(s) ends, I appoint as my Second Successor Attorney(s) the person(s) named below.I do not wish to appoint any Second Successor Attorneys.
If you selected that you do not wish to appoint a Second Successor Attorney, scroll down and click "Next". If you selected that you wish to appoint a Second Successor Attorney, provide their details below.
Second Successor Attorney Full Name:

PrefixFirst NameMiddle NameLast Name
Second Successor Attorney relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Second Successor Attorney Email:
example@example.com
Second Successor Attorney Phone:

Area CodePhone Number
Second Successor Attorney Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
If you have a copy of your Second Successor Attorney's Passport or Drivers Licence, please upload here (optional):

Cancelof
Joint Second Successor Attorney Full Name:

PrefixFirst NameMiddle NameLast Name
Joint Second Successor Attorney relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Joint Second Successor Attorney Email:
example@example.com
Joint Second Successor Attorney Phone:

Area CodePhone Number
Joint Second Successor Attorney Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
If you have a copy of your Joint Second Successor Attorney's Passport or Drivers Licence, please upload here (optional):

Cancelof
Details of Second Successor Attorney (if a Trustee Corporation)

Scroll down and click "Next" if you are not appointing a Trustee Corporation.
Name of Trustee Corporation:
Trustee Corporation Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
Trustee Corporation Email:
example@example.com
Trustee Corporation Phone:

Area CodePhone Number

F) How are Attorney(s) to Act?

If you appoint more than one (1) Attorney in your EPA, you must state whether they are authorised to act: jointly, severally or jointly and severally.
My Attorney(s) are authorised to Act:

My Attorneys are authorised to act jointly, where they must act together to manage my property affairs and agree on all decisions.My Attorneys are authorised to act severally, where each Attorney has a separate authority and can act individually without the agreement of the other.My Attorneys are authorised to act jointly and severally, where they can act together or individually.I have only appointed one Attorney to act at a time.

G1) What Your Attorney(s) Can Act On

Do you want your Attorney(s) to act for you on all your property affairs, or only on part of your property affairs? If only on part of your property affairs, you must specify what part.
My Attorney(s) can act on my behalf on:

My Attorney can act on my behalf on all my property affairs.My Attorney can act on my behalf on only the part of my property affairs I have specified below.
Specify the matters that your Attorney can act on. If you selected that your Attorney can act on your behalf on all matters, you may leave the space blank or specify “None”.

G2) Conditions & Restrictions

You can state any conditions or restrictions you want to place on your Attorney’s authority to act.
My Attorneys conditions and restrictions:

My Attorneys authority to act is not subject to any conditions or restrictions.My Attorneys authority to act is subject to the following conditions or restrictions below.
List any conditions or restrictions. If you selected that your Attorneys authority to act is not subject to any conditions or restrictions, you may leave the space blank or specify “None”.

H) Authorising a Will:

If you are not capable of making a will, your Attorney(s) may apply to the Family Court to get authorisation to sign a will on your behalf (in a form that the court approves). Indicate whether or not you wish to authorise this. Unless you clearly specify otherwise, the Family Court will be able to authorise your Attorney(s) to make a will for you if you are no longer capable of making one.
My Attorneys Authority to Sign a Will:

I do not want my Attorney(s) to be authorised to sign a will for me.I want the Family Court to be free to authorise my Attorney(s) to sign a will for me if the Court thinks fit.

I) Consultation

You have the option to name one (1) or more people who, as far as practicable, your Attorney(s) must seek advice from (consult) about your property affairs before making decisions. Your Attorney(s) can consult only on the matters you specified in section G. This form allows for 2 names but you can name as many people as you like. You also have the option to limit the consultation requirement to your Successor Attorney(s).
Appointment of Consultants:

My Attorneys are not required to consult with anyone about my property affairs before making decisions.My Attorneys are required to consult with the person(s) named below about the matters I have indicated.
If you selected that your Attorney(s) are not required to consult with anyone, scroll down and click "Next". If you selected that your Attorneys are required to consult, provide details below.
Duty to Consult

The duty to consult applies to both my Attorney(s) and my Successor Attorney(s).The duty to consult applies to my Successor Attorney(s) only.
Provide the details of the person(s) you wish to be consulted:
Consultant One Full Name:

PrefixFirst NameMiddle NameLast Name
Consultant One relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Consultant One Email:
example@example.com
Consultant One Phone:

Area CodePhone Number
Consultant One Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
Consultant One must be consulted about:

Consultant One must be consulted about all my property affairs for which my Attorney(s) has/have authority under section G.Consultant One must be consulted only the property affairs listed below.
If you selected option two, provide the property matters that Consultant One must be consulted about:
Consultant Two Full Name:

PrefixFirst NameMiddle NameLast Name
Consultant Two relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Consultant Two Email:
example@example.com
Consultant Two Phone:

Area CodePhone Number
Consultant Two Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
Consultant Two must be consulted about:

Consultant Two must be consulted about all my property affairs for which my Attorney(s) has/have authority under section G.Consultant Two must be consulted only the property affairs listed below.
If you selected option two, provide the property matters that Consultant Two must be consulted about:
Provide similar details of further Consultants (if any):

J) Providing Information

You have the option to name one (1) or more people to keep an eye on your Attorneys’ actions. This form allows for two (2) names, but you can name as many people as you like. Your Attorney(s) must provide them with the information (as listed) about how they are carrying out their EPA duties. The information is about your Attorneys’ decisions and actions on your property affairs (for example, a copy of the records of financial transactions that your Attorney must keep). This information must be provided straight away when requested.
Appointment of person(s) for Attorney(s) to provide information to:

My Attorney is not required to provide information to anyone about how they are carrying out my property affairs.My Attorney(s) must give to the person(s) I have named below the information I have indicated.
If you selected that your Attorney(s) are not required to provide information to anyone, scroll down and click "Next". If you selected that your Attorneys are required to provide information, provide details below.
Information Person One Full Name:

PrefixFirst NameMiddle NameLast Name
Information Person One relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Information Person One Email:
example@example.com
Information Person One Phone:

Area CodePhone Number
Information Person One Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
Information to be provided to Information Person One:

My Attorney must give Person One information on all decisions of my Attorney.My Attorney must give Person One information relating to the following:
If you selected option two, provide the property information that Information Person One must be provided:
Information Person Two Full Name:

PrefixFirst NameMiddle NameLast Name
Information Person Two relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Information Person Two Email:
example@example.com
Information Person Two Phone:

Area CodePhone Number
Information Person Two Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
Information to be provided to Information Person Two:

My Attorney must give Person Two information on all decisions of my Attorney.My Attorney must give Person Two information relating to the following:
If you selected option two, provide the property information that Information Person Two must be provided:
Provide similar details of further Information Persons (if any):

K) Attorney's & Other Benefits

You should think very carefully about what rights you want to give your Attorney(s) to act for their own benefit or for the benefit of other persons when you are mentally incapable. It is recommended that you clearly state here what your Attorney(s) can or cannot do.
Do you want to give your Attorney(s) authority to use your Property for their own benefit or for the benefit of any other person?

My Attorney is not authorised to use my property for their own benefit or for the benefit of any other person.My Attorney is not authorised to use my property for their own benefit or for the benefit of any other person except for out-of-pocket expenses and their professional fees and expenses.My Attorney is not authorised to use my property for their own benefit or for the benefit of any other person except for any property that myself and the Attorney own jointly (and not as tenants in common) if myself and the Attorney are married, in a civil union, or in a de facto relationship and live together and share our incomesMy Attorney(s) can act to their own benefit as stated below.My Attorney(s) can act to the benefit of the following person(s) as specified below.
If you selected that your Attorney(s) can act to their own benefit, please state how they may act. If you did not select this, you may leave the space blank or specify “None”.
If you selected that your Attorney(s) can act to the benefit of the following person(s), please provide their details below. If you did not select this, scroll down and click "Next".
Benefit Person One Full Name:

PrefixFirst NameMiddle NameLast Name
Benefit Person One relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Benefit Person One Email:
example@example.com
Benefit Person One Phone:

Area CodePhone Number
Benefit Person One Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
My Attorney can give Benefit Person One the following benefits:
Benefit Person Two Full Name:

PrefixFirst NameMiddle NameLast Name
Benefit Person Two relationship to me:
i.e. my husband / my wife / my partner / my brother / my sister / my daughter / my son etc.
Benefit Person Two Email:
example@example.com
Benefit Person Two Phone:

Area CodePhone Number
Benefit Person Two Physical Address:

Street Address

Suburb

CityState / Province

Postal / Zip CodeCountry
My Attorney can give Benefit Person Two the following benefits:
Provide similar details of further Benefit Persons (if any)

L) Celebratory Gifts & Donations

You can authorise your Attorney(s) to provide, out of your property, celebratory gifts to children and grandchildren, etc, and to make modest charitable donations. Your Attorney(s) is/are not required to make these gifts or donations and should only do so having regard to your overall financial circumstances and commitments.
Do you want your Attorney(s) to use your Property to provide celebratory gifts or charitable donations?

My Attorney(s) are not authorised to provide any celebratory gifts or donations out of my property.I authorise my Attorney(s) to provide out of my property celebratory gifts of not more than the following maximum value to the following people, including any that are born after the date on which this EPA is signed.
If you selected your Attorney(s) are not authorised to provide any celebratory gifts or donations out of your property, scroll down and click "Next". If your Attorney(s) are authorised to provide gifts and/or donations, provide details below:
If you selected option two, tick all those that apply:

my childrenmy grandchildrenmy nieces and nephewsmy great-grandchildrenother people (specify):
What is the maximum value of each gift to the groups of people you selected above:
Do you provide your Attorney(s) with authority to make our of your property annual donations to charities:

I do not authorise my Attorney(s) to make out of my property annual donations to any charity.I authorise my Attorney(s) to make out of my property annual donations of the following amounts to the following charities:
If you selected option two, please state the annual donations amounts and the charities:
Amount [$0.00] to [Charity Name]

M) Additional Terms & Conditions

You have the option to specify additional terms and conditions of your EPA.
Additional terms and conditions of my EPA:

My Attorneys are not subject to any additional terms and conditions.My Attorneys are subject to the following additional terms and conditions:
If you selected option 2, provide us with the additional terms and conditions for your EPA
You are now finished. Please review your form. Once you are happy, click the green "Submit" button below. If you are also wanting a Personal Care and Welfare EPA, please ensure you have completed that form. We will be in touch soon. Thank you.
Should be Empty:

Enduring Power of Attorney (EPA) for Property

A) Your Personal Details

B) Previous Enduring Powers of Attorney (EPA)

C) Attorney(s)

Details of Attorney (if a Trustee Corporation)

D) When Your Enduring Power of Attorney (EPA) Comes Into Effect

E1) First Successor Attorney

If you selected that you do not wish to appoint a First Successor Attorney, scroll down and click "Next". If you selected that you wish to appoint a First Successor Attorney, provide their details below.

Details of First Successor Attorney (if a Trustee Corporation)

E2) Second Successor Attorney

If you selected that you do not wish to appoint a Second Successor Attorney, scroll down and click "Next". If you selected that you wish to appoint a Second Successor Attorney, provide their details below.

Details of Second Successor Attorney (if a Trustee Corporation)

F) How are Attorney(s) to Act?

G1) What Your Attorney(s) Can Act On

G2) Conditions & Restrictions

H) Authorising a Will:

I) Consultation

If you selected that your Attorney(s) are not required to consult with anyone, scroll down and click "Next". If you selected that your Attorneys are required to consult, provide details below.

Provide the details of the person(s) you wish to be consulted:

J) Providing Information

If you selected that your Attorney(s) are not required to provide information to anyone, scroll down and click "Next". If you selected that your Attorneys are required to provide information, provide details below.

K) Attorney's & Other Benefits

If you selected that your Attorney(s) can act to the benefit of the following person(s), please provide their details below. If you did not select this, scroll down and click "Next".

L) Celebratory Gifts & Donations

If you selected your Attorney(s) are not authorised to provide any celebratory gifts or donations out of your property, scroll down and click "Next". If your Attorney(s) are authorised to provide gifts and/or donations, provide details below:

M) Additional Terms & Conditions

You are now finished. Please review your form. Once you are happy, click the green "Submit" button below. If you are also wanting a Personal Care and Welfare EPA, please ensure you have completed that form. We will be in touch soon. Thank you.