An enduring power of attorney for your Adelaide finances

An enduring power of attorney can help manage Adelaide property and finances if illness or incapacity prevents you acting personally. It should be prepared while you can understand and choose the arrangement. A spouse or adult child does not automatically receive unrestricted authority over another person’s financial affairs.

Updated October 2026

Understand the authority you are giving

Section 6 of the Powers of Attorney and Agency Act 1984 (SA) provides for an enduring power that can continue despite the donor’s legal incapacity. A general power and an enduring power are not interchangeable. The document’s terms determine the authority conferred and when it can be exercised, subject to the law. An enduring financial appointment is also different from arrangements for health care and personal decisions.

Capacity depends on the decision

In Gibbons v Wright (1954) 91 CLR 423; [1954] HCA 17, the High Court explained that the required understanding must be considered in relation to the particular transaction. The case did not interpret South Australia’s later enduring power legislation. Its relevance is that capacity should not be reduced to a label based solely on age, diagnosis or language. The person must understand the actual arrangement being made.

Choose an attorney and safeguards carefully

Consider trustworthiness, practical availability and the ability to keep accurate records. Discuss whether more than one attorney should act, how disagreements will be managed and which transactions require particular caution. An attorney’s convenience is not a reason to treat the donor’s money as family money. If English is not your preferred language, arrange proper interpretation and an opportunity to give instructions independently.

Coordinate Australian and overseas administration

A South Australian power should not be assumed to operate automatically for assets or transactions in China. Ask each jurisdiction’s advisers what execution, authentication or local documents are needed. Keep originals accessible and tell the relevant people where they are held. A power of attorney ends at death, when estate administration becomes a separate process. Review the appointment after relationship changes or a change in the attorney’s circumstances.

Key legislation and cases

Author: Pei Ling Cao

Last updated: October 2026

Jurisdiction: South Australia, Australia

Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.