Well, it depends upon what the EPOA is for, as the activation criteria are different depending on whether the EPOA is for personal health matters or for financial matters.
Regarding decisions relating to personal and health matters, an EPOA is not activated until such time as the Principal becomes incapacitated (i.e. no longer possesses the mental capacity requisite for making the relevant decision/s). Examples include situations where the Principal is comatose or suffering from dementia. Such activation is generally evidenced by a letter from the Principal’s doctor confirming the incapacitation.
There is more flexibility with respect to decisions about financial matters. With an EPOA, the power to make financial decisions may be activated:
Immediately;
Upon incapacitation (as above);or
Upon a particular date or occasion.
In any case, time frames and activation criteria should be properly referenced in the terms and conditions of the EPOA. Where powers are not activated immediately, sufficient evidence of the activation criteria will be necessary to engage those powers, such as making a decision on the Principal’s behalf. In short, you need a copy of the EPOA and supporting paperwork of the activation so that you can use your Attorney powers.
Attorneys are often unclear as to the limitations of the powers they have been granted. An EPOA grants decision-making power with respect to very specific personal and health decisions and financial decisions only. It does not constitute the unconditional power to ‘stand in the shoes of the Principal’ in any situation (also known as ‘carte blanche’).
Personal and health decisions may include, for example, decisions about living arrangements, education, diet, and whether to consent to, refuse or withdraw from particular types of health care. They do not include decisions about wills, appointing another Attorney, voting, organ donation, sterilisation, abortion or experimental healthcare.