Enduring Power of Attorney South Australia

Financial Decisions Only

In South Australia, an Enduring Power of Attorney covers financial and legal matters exclusively. It lets the appointed person — called a "donee" in SA, not an "attorney" — manage bank accounts, pay bills, handle investments, submit tax returns, and deal with property on the principal's behalf.

Personal, lifestyle, and medical decisions are handled by a completely separate document: the Advance Care Directive. If you set up an EPOA without an ACD, you will have authority over your parent's money but no legal standing to decide where they live, consent to medical treatment, or choose their aged care services.

Appointing the Donee

The principal can appoint one or more donees. If multiple donees are appointed, the EPOA should specify whether they must act together or can act independently.

Joint appointments provide a safeguard against abuse, but they create practical problems. If one donee is overseas or unreachable, every financial decision stalls. The principal should balance that safeguard against the need for day-to-day flexibility.

The principal can also name alternative donees who step in if the primary donee dies, loses capacity themselves, or resigns.

Witnessing Rules

An SA financial EPOA must be signed before one authorised witness: a Justice of the Peace, a lawyer, or a proclaimed police officer. The donee cannot witness the document.

The witness must certify that the principal appeared to have decision-making capacity and signed voluntarily. If the principal has early-stage dementia or any cognitive concerns, get a formal capacity assessment from their GP before the session. That medical record protects the EPOA if it is ever challenged.

When the Power Takes Effect

The principal decides when the EPOA starts operating. The options are:

• Immediately — the donee can act as soon as the document is signed, even while the principal retains full capacity
• Upon loss of capacity — the donee can only act after the principal loses decision-making capacity, typically evidenced by a medical certificate

The immediate commencement option works well when a parent is physically frail but mentally sharp — they can supervise the donee's actions while they are still able. The capacity-trigger option is more protective but requires medical evidence before the donee can do anything.

Property Registration

For everyday financial transactions — paying bills, accessing bank accounts, managing investments — the EPOA does not need to be registered anywhere. But the moment the donee needs to deal with real property (selling, transferring, leasing, or mortgaging land), registration with Land Services SA is required.

Registration requires the original EPOA plus a complete duplicate photocopy for comparison and verification. The fee is $204.00 (2026/2027 financial year, indexed annually on 1 July).

If you anticipate selling your parent's home to fund a Refundable Accommodation Deposit for residential aged care, register the EPOA early. The registration process takes time, and a care facility holding a bed will not wait.

When Capacity Is Already Lost

If your parent has already lost capacity, they cannot sign an EPOA. The only route is applying to SACAT — the South Australian Civil and Administrative Tribunal — for a financial administration order.

SACAT applications are free, but you need a medical or psychological report (ideally less than three months old) confirming the cognitive impairment. SACAT appoints an administrator — usually a family member if one is suitable, or the Public Trustee SA if there is family conflict or no suitable candidate.

Public Trustee SA charges a capital commission of up to 4.4% on managed assets. For an estate worth $500,000, the maximum-rate calculation is $22,000. Setting up the EPOA while your parent still has capacity avoids that cost entirely.

For the complete SA process — witnessing checklists, SACAT application guidance, and bank registration templates — see our Enduring Power of Attorney and Guardianship in Australia guide.

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