EPAs, EPGs and AHDs: Why These Three Documents Matter
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We sat down with our GM Nigel Parker to ask what each of these is.
Most people understand the importance of having a Will, but what happens if you are still alive and become unable to make decisions for yourself?
This is where three important legal documents come into play: an Enduring Power of Attorney (EPA), an Enduring Power of Guardianship (EPG) and an Advance Health Directive (AHD).
Although they are often mentioned together, each serves a different purpose. Having the right documents in place can help protect your interests, give your loved one’s clarity and ensure your wishes are respected if you lose decision-making capacity.
1. Enduring Power of Attorney (EPA)
An EPA allows you to appoint someone you trust to make financial and property decisions on your behalf.
Depending on the authority you give them, this can include managing bank accounts, paying bills, dealing with investments, buying or selling property and managing other financial affairs.
An important feature of an enduring power of attorney is that it continues to operate if you lose the capacity to make these decisions yourself.
Without one, your family may need to apply to the State Administrative Tribunal for someone to be appointed to manage your financial affairs.
2. Enduring Power of Guardianship (EPG)
An EPG allows you to appoint someone to make personal, lifestyle and treatment decisions on your behalf if you become unable to make those decisions yourself.
This could include decisions about where you live, the support services you receive and certain aspects of your medical care.
Your appointed enduring guardian should be someone who understands your values, preferences and wishes, and who you trust to act in your best interests.
3. Advance Health Directive (AHD)
An AHD is a document in which you record your own decisions about future medical treatment.
It allows you to specify which treatments you would consent to or refuse in particular circumstances if you become unable to communicate your wishes.
Unlike an EPG, which gives someone else authority to make certain decisions, an AHD allows you to make those decisions yourself in advance.
If you have both documents, your AHD takes priority over your enduring guardian's decisions about treatment covered by the directive.
Why Having All Three Matters
These documents work together to cover different aspects of your life.
An EPA deals with your finances and property. An EPG deals with personal and lifestyle decisions. An AHD records your wishes about future medical treatment.
Having one does not automatically cover the responsibilities of the others.
Importantly, these arrangements need to be established while you still have the legal capacity to make them. Waiting until you become unwell or lose capacity may mean it is too late to put your preferred arrangements in place.
Who Should You Appoint?
Choosing the right people is just as important as having the documents prepared.
You should appoint people you trust, who understand your wishes and are willing to take on the responsibility. It is also worth discussing your intentions with them before making the appointment.
At Ascent Accountants, we encourage clients to consider how their financial affairs, estate planning and succession arrangements fit together. While legal documents should be prepared with appropriate legal advice, we can help identify where further planning may be needed.
Taking the time to put these arrangements in place now can make a significant difference to you and your family in the future.
A final word from Nigel: reader should be aware that the above is specific to Western Australian EPA, EPG and AHD arrangements. Other states may vary!
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