As a woman over 50 living in South Australia, you’ve likely spent a lifetime building your assets, raising your family, and managing responsibilities with wisdom and care.
Whether you’re still working, retired, or transitioning through significant life changes, one thing is clear: now is the time to take control of your future by ensuring your affairs are protected through integrated estate planning—starting with an Enduring Power of Attorney (EPA).
While many associate estate planning solely with Wills and inheritance, the truth is that a modern, robust estate plan goes much further.
One of the most powerful yet often overlooked tools is the Enduring Power of Attorney.
It provides legal peace of mind, empowers your loved ones to support you when needed, and ensures that your financial and legal affairs remain in trusted hands if you’re ever unable to manage them yourself.
A Will alone is not enough
Your Will is a very important and powerful document, to be sure. However it has NO EFFECT on anything until you die. There are other legal documents you can and should consider that have effect while you are alive, such as when you might need some assistance as you age and your health deteriorates.
What Is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document that allows you to appoint one or more trusted people—known as agents or attorneys—to make financial and legal decisions on your behalf if you are unable to do so in your own best interests, such as if you become incapacitated due to illness, injury, or age-related conditions such as dementia. Unlike a general Power of Attorney, which becomes invalid if you lose capacity, an EPA “endures” beyond incapacity.
In South Australia, an EPA does not cover medical or lifestyle decisions—these are addressed through separate documents like an Advance Care Directive.
However, the EPA is essential for managing:
- Banking and financial accounts;
- Property transactions and real estate;
- Business affairs;
- Taxation and Centrelink matters;
- Day-to-day financial obligations;
- Government departments;
- Contracts;
Why South Australian Women Over 50 Need an EPA
As women age, they often become the central pillars of their families—not just emotionally, but also financially.
Many women are caregivers for ageing parents, children, and grandchildren (the ‘sandwich generation’), and they also frequently outlive their partners. Statistically, the men die first.
These realities make it vital to have structures in place that protect not only your wellbeing but also the interests of your family.
Here’s why an EPA is essential:
#1. Protects You During Life’s Unexpected Turns
Health conditions such as stroke, Alzheimer’s, or unexpected accidents can strike at any age, but the risk increases significantly over 50. Without an EPA, if you lose the capacity to manage your affairs, your family must apply to the Guardianship Board at the South Australian Civil and Administrative Tribunal (SACAT) to be appointed as your ‘financial administrator’. This process is time-consuming and emotionally draining.
With an EPA, your chosen agent/attorney can step in immediately—ensuring continuity, stability, and reduced stress for you and your loved ones during what is likely a difficult time.
#2. Empowers You to Choose Who Acts for You
Creating an EPA gives you the power to decide who will make decisions on your behalf. This is particularly important for women who are widowed, single, divorced, or have complex family dynamics. You can choose a trusted family member, friend, or even a professional advisor. You can also place conditions and limitations on their powers, ensuring your wishes are respected.
You can appoint more than one agent, and you can stipulate how they must work together. For example, you could say that for small transactions up to say $1,000 any one of your agents can sign/approve same, but for larger-value transactions then both or any two of your agents must sign/approve.
#3. Prevents Family Disputes and Financial Abuse
Unfortunately, financial elder abuse is a growing concern in Australia. An EPA with appropriate protection mechanisms, when structured correctly and as part of a broader estate plan, can safeguard against exploitation by clearly outlining your preferences and the responsibilities of your agent/attorney. It reduces ambiguity and the potential for conflict among family members.
#4. Integrates Seamlessly with Modern Estate Planning
An EPA is a cornerstone of integrated estate planning. Along with your Will, Advance Care Directive, and superannuation nominations, the EPA ensures that your affairs are fully covered. Integrated planning provides a holistic strategy to protect your assets, preserve family harmony, and ensure your wishes are legally enforceable and clearly documented.
How to Create an Enduring Power of Attorney in South Australia
Creating an EPA is not as daunting as it sounds, especially with the right support.
In South Australia, the process involves:
- Choosing your agent/attorney(s) – Someone trustworthy, financially responsible, and capable of acting in your best interests. They will need to sign the EPA to confirm their formal consent to act as your agent.
- Deciding on the scope of authority – You can give broad or limited powers, and specify when the EPA takes effect (immediately or upon incapacity).
- Using the correct legal form – South Australia requires a specific EPA form that must be completed correctly.
- Signing and witnessing – The document must be signed before a qualified witness (such as a lawyer or Justice of the Peace).
- Storing and sharing copies – Make sure your attorney(s), family, and legal advisors have access to the signed document.
Although DIY kits are available, professional legal advice is strongly recommended to ensure your EPA is valid, properly executed, and tailored to your circumstances.
DIY legal documents are rarely a good idea. It is very easy to make critical errors which won’t become apparent until after you have lost capacity and then it is too late to fix them easily or cheaply. Don’t risk it.
Practical Tips for Making the Most of Your EPA
- Review regularly: Your needs and relationships can change. Review your EPA every 5-7 years or after major life events (divorce, death of a spouse, health changes).
- Communicate openly: Let your chosen agent/attorney know about your expectations and values.
- Coordinate with your estate plan: Work with a solicitor who specialises in estate planning to ensure all your documents work together seamlessly.
- Understand attorney obligations: Attorneys have a legal duty to act honestly, in your best interests, and avoid conflicts of interest. A solicitor can explain these responsibilities to all parties involved.
The Cost of Inaction
Without an EPA, your financial and legal affairs could fall into disarray at a vulnerable time. Bills may go unpaid, assets may be mismanaged, and loved ones may face legal hurdles. Worse still, your preferences might be overridden or ignored.
For many women, the real cost of not having an EPA is loss of control. You’ve spent a lifetime making wise decisions—don’t leave your legacy to chance.
Taking the Next Step
If you haven’t yet created an Enduring Power of Attorney, or if your documents are outdated, now is the time to act.
At this stage in life, peace of mind is priceless. An EPA offers exactly that—certainty, control, and protection.
Whether you’re managing your affairs independently, have complex financial interests, or simply want to ensure your children are not burdened with unnecessary stress, putting an EPA in place is one of the most caring and empowering decisions you can make.
Let’s Secure Your Future—Starting Today
To begin or update your estate plan – including your Enduring Power of Attorney – Speak with an estate planning solicitor experienced in South Australian law today.
The decisions you make today will protect not only your interests but also the wellbeing of those you care about most.
You may think that you are too young/fit/healthy/active to need an EPA. However, like insurance, you must not wait for a crisis to act. You cannot apply for insurance AFTER the bushfire has swept through your property. You need to have it in place BEFORE the disaster strikes.
Similarly, you cannot wait until you have a health crisis to create an EPA. Once the crisis occurs (stroke, accident, dementia etc) it will be TOO LATE to create the very protection you require – because at that point you will have lost your capacity to create the very document you need.
You need to have it in place BEFORE the disaster strikes – that means creating it while you are young/fit/healthy/active and before you need it to be used. In fact (like insurance) you will hope that it never needs to be used, but you want the peace of mind of knowing that it is there in place just in case.
You’ve earned the right to peace, clarity, and control—take the step. Plan wisely. Live confidently. Let Genders and Partners (the oldest law firm in South Australia) help you to protect yourself, your family and your assets.
So … put your affairs in order, and create a modern integrated estate plan before it’s too late.
When it comes to Wills, asset protection & estate planning in Australia, you can trust the oldest law firm in South Australia, Genders & Partners to guide you through the tough decisions you must make for your family’s future care and welfare.
If you have any questions, or would like further information, please email us. Would you like a quick phone call to discuss? Feel free email us or use this link and book a timeslot for a free 15-minute phone consultation on my schedule.
We can help you to protect yourself and your family. We look forward to being of service.
Want to find out more?
More Estate Planning Resources
All these and many more estate planning and asset protection options are available for discussion with the oldest law firm in South Australia.
Genders and Partners will work with your Financial Advisor and/or Accountant to structure your estate planning as appropriate to your circumstances, including advice as to the use of testamentary trusts.
Disclaimer
The information contained in this document is intended as general information only and has been prepared without taking into account the needs, objectives or financial information of any particular person.
Prior to making any decision, you should assess whether the information is appropriate to your particular needs, objectives and financial circumstances.
While Genders and Partners has taken reasonable care in the preparation of this information, subsequent changes in circumstances (including legislative change) may occur at any time and may impact on the accuracy of the accuracy of this information.
eBook Powers of Attorney in South Australia
If you’ve been appointed as agent under Power of Attorney and don’t quite know what to do, or you’re about to create a Power of Attorney for yourself (or know someone who is), then this powerful and informative resource will guide you through the Do’s and Don’ts.
Written by a senior specialist South Australian lawyer in an easy to read style, and updated for 2018, this 26 page booklet gives you the information you need.
