These two documents are often confused, but they cover different decisions, are governed by different Acts, and typically need to be prepared separately. Understanding the difference helps you make sure you are actually covered for both situations.
Enduring power of attorney: financial and legal decisions
An enduring power of attorney is governed by the Powers of Attorney and Agency Act 1984 (SA). It lets you appoint someone — your attorney — to make financial and legal decisions on your behalf, such as managing bank accounts, paying bills, or dealing with property. Unlike an ordinary power of attorney, it continues to operate even if you lose the capacity to make decisions yourself, which is the entire point of the “enduring” part of its name. You can choose whether it takes effect immediately or only once you lose capacity.
Advance care directive: health and lifestyle decisions
An advance care directive is governed by a separate Act, the Advance Care Directives Act 2013 (SA). It deals with matters an enduring power of attorney does not cover: your healthcare, end-of-life wishes, and personal or lifestyle decisions. You can record your own wishes directly, and appoint substitute decision-makers to act if you are unable to communicate your decisions yourself. It must be witnessed by two adult witnesses, at least one of whom must be an authorised witness, such as a lawyer, justice of the peace, doctor or police officer.
Why most people need both
Because these documents are governed by different Acts and cover entirely different types of decisions, having only one leaves a genuine gap. An enduring power of attorney cannot authorise someone to make a healthcare decision for you, and an advance care directive cannot authorise someone to manage your bank accounts. Most adults benefit from having both in place, alongside a valid will.
Frequently asked questions
Can the same person be my attorney and my substitute decision-maker?
Yes, many people appoint the same trusted person for both roles, though you can also appoint different people if that suits your circumstances better.
Do these documents need to be registered?
An enduring power of attorney generally only needs to be registered with the Lands Titles Office if your attorney will be dealing with real property. An advance care directive does not require registration, but should be kept accessible to those who may need to rely on it.
See our page on Wills, Enduring Powers & Advance Care for more detail, or contact WPI Lawyers to put these documents in place.