Power of Attorney for an Elderly Parent in the ACT: Aged Care Planning Checklist

The conversation about power of attorney with an ageing parent is one most Canberra families put off until it's almost too late. A minor fall, a confusing episode at the shops, or a GP's quiet mention of early cognitive changes — something shifts, and suddenly the idea of planning for incapacity moves from theoretical to urgent. The window between "probably fine" and "can no longer sign legal documents" is shorter than most people expect.

Why Aged Care Makes an EPA Essential

Residential aged-care placements in Canberra involve a cascade of financial and personal decisions. A family member cannot automatically make them unless appointed under an EPA with the relevant power or, for standard medical and dental treatment, identified as the statutory Health Attorney:

• Selling the family home to fund a refundable accommodation deposit (RAD), which can exceed $500,000 for Canberra facilities
• Negotiating the aged-care agreement and choosing between a RAD, daily accommodation payment (DAP), or combination
• Managing Centrelink means-testing and income assessments, including notifying Services Australia about changes in living arrangements
• Handling banking — setting up direct debits for care fees, managing investment income, dealing with the inevitable bank paperwork
• Making healthcare decisions when the parent can no longer communicate their preferences clearly

Without an EPA covering property and health care powers, a family member cannot automatically take all these actions. The statutory Health Attorney framework can cover standard medical and dental treatment; financial authority and other decisions may require an ACAT management or guardianship order — a process that takes four to six weeks minimum.

Timing the Conversation

The EPA must be signed while the parent has full decision-making capacity. Under the Powers of Attorney Act 2006, this means they can understand the nature and effect of the document, retain the information long enough to make a decision, weigh the relevant considerations, and communicate their decision.

A dementia diagnosis does not automatically mean loss of capacity. Many people with early-stage dementia can still validly execute an EPA, particularly on a "good day" when cognitive function is higher. But the further the condition progresses, the harder it becomes to satisfy the capacity test — and if a future challenge arises, the later the signing, the more vulnerable the document is to claims of invalidity.

The practical advice is uncomfortable but straightforward: have the conversation and execute the EPA well before you think you need it. Ideally, it happens as part of broader retirement planning, not in response to a health scare.

What the EPA Should Cover

For aged-care planning, the EPA needs to include at minimum:

Property (financial) powers — to manage bank accounts, pay bills, negotiate aged-care agreements, sell property, and handle investments. Consider granting these immediately rather than on a springing basis, so the transition to attorney management is seamless if capacity declines gradually.

Personal care powers — to make decisions about where the parent lives, daily care arrangements, and social activities. These only activate upon loss of capacity.

Health care powers — to consent to or refuse medical and dental treatment. Also capacity-triggered.

A gifting clause — Section 34 of the Act restricts transactions that benefit the attorney, while section 38 requires express authorisation for gifts. A well-drafted gifting clause allows the attorney to continue the parent's established patterns (birthday gifts to grandchildren, charitable donations) without breaching fiduciary duties.

The Aged-Care Facility Question

Most Canberra aged-care facilities in Belconnen, Tuggeranong, Woden, and surrounding suburbs will ask to see the EPA as part of the admissions process. They want confirmation that someone has legal authority to sign the resident agreement and manage fees on the parent's behalf.

Present the EPA to the facility before or during admission. Give them a certified copy and keep the original safe — ideally deposited with the ACT Public Trustee and Guardian's Will Register ($228 one-off fee) or stored in a fireproof safe at home.

If the parent will also be receiving hospital-based care through Canberra Health Services, upload a copy of the EPA, any Health Direction, and the Statement of Choices to the MyDHR (Digital Health Record) portal. This makes the documents accessible to treating clinicians across the ACT health system.

When It's Already Too Late

If your parent has already lost capacity and there's no EPA, the path is an ACAT application for guardianship and/or management orders. There's no filing fee, but the process involves gathering a medical report confirming incapacity, notifying all interested family members, and attending a tribunal hearing.

ACAT prefers appointing a willing and suitable family member over the PTG. But if siblings disagree about who should be appointed, or if the tribunal has concerns about any candidate's suitability, the PTG may be appointed as a neutral manager — at standard rates of $340 per hour plus capital commissions.

The difference in cost between executing an EPA while capacity exists (potentially nothing if done without a solicitor, or a few hundred dollars with one) and the ACAT process plus ongoing PTG fees is significant. For a parent with a Canberra home worth $800,000, PTG commissions alone would exceed $20,000.

Our Australian Capital Territory Power of Attorney Kit walks you through the aged-care planning conversation, the EPA execution process, and the facility admission paperwork — all tailored to ACT requirements.

Get the ACT Power of Attorney Kit while there's still time to plan rather than react.

See more Australian Capital Territory guides →