Member information guide
The information in this document is to be used as a guide only. You should obtain independent legal advice if you are considering appointing an attorney or accepting an appointment as an attorney.
An enduring power of attorney (EPOA) is a type of power of attorney which authorises an attorney to make financial decisions on behalf of the donor and continues even if the donor loses decision-making capacity.
In other words, if the donor is no longer capable of making their own financial decisions, the EPOA will continue to operate to allow the attorney to make those decisions.
An EPOA will no longer be valid if the donor passes away.
An EPOA can only be revoked while the donor has capacity to make financial decisions.
A donor can elect that the EPOA only comes into effect after the donor loses their capacity to make decisions and manage their own financial affairs.
What can an enduring power of attorney do on a donor’s behalf?
Unless the EPOA includes restrictions as to what the attorney can do on the donor’s behalf, an attorney can do anything in relation to the donor’s financial affairs that the donor can lawfully do themself. For example, an attorney could:
- Open, operate (including transferring money), or close bank accounts held in the donor’s name.
- Buy and sell property in the donor’s name.
It’s worth noting that there are risks and limitations to consider with powers of attorney.
Lodging an enduring power of attorney document with BCU Bank
If you need to lodge an enduring power of attorney, use the checklist below to make the process as easy as possible.
Original document
We’re required to sight the original enduring power of attorney document. We are unable to accept photocopies. If you have an original certified copy, this may be acceptable, provided it has been certified by an authorised person and contains the certifier’s original signature.
Fully completed and executed EPOA
Ensure that the enduring power of attorney document has been completed in full. Check that all parties (donor and attorney) have signed, and that the document has been dated and witnessed as required. In some circumstances we may need written confirmation from a medical practitioner that the donor lacks capacity to make financial decisions and requires assistance. The EPOA will specify if this is required.
Photo identification
When attending the branch, the donor and attorney will each need to be identified using photo identification such as a driver’s licence, passport or photo ID card. If the donor is unable to attend the branch, we can accept certified copies of their identification. Alternatively, please get in touch with us to discuss other acceptable options.
The attorney will need to create a member profile with BCU Bank so we can provide them access to the donor’s accounts and identify them when they contact us.
Reviewing and lodging an enduring power of attorney document can take some time, so we recommend allowing for this when coming to see us.
Please note that BCU Bank staff cannot provide advice on how the document should be completed, they cannot complete any part of the document on your behalf and cannot witness the document.
Where can I go for additional information?
If you require additional information or guidance on setting up any power of attorney, you should seek legal advice.
The NSW government website contains further information on powers of attorney and enduring powers of attorney. Visit nsw.gov.au and search for ‘Power of Attorney’ to find out more.
The Queensland government website contains further information on powers of attorney and enduring powers of attorney. Visit qld.gov.au and search for ‘Power of Attorney’ to find out more.