How to Complete an EPA and ACD Without a Solicitor in South Australia

It Is Entirely Legal — and Here's How to Do It Properly

South Australia does not require a solicitor to prepare, complete, or witness an Enduring Power of Attorney or an Advance Care Directive. Both instruments are designed for self-completion using the free government forms. The statutory requirements are specific but manageable: the right form, the right signatures, the right witness, in the right order.

The reason many families end up at a solicitor's office is not that the law demands it — it is that the two documents operate under different Acts with different signing protocols, and the free forms do not explain the differences clearly enough to prevent the errors that void them.

This guide covers the full self-completion process for both instruments together, because that is how most South Australians need them to work in practice.

Before You Start: Gather These Materials

You need these on hand before the signing session:

• Form P2 (Enduring Power of Attorney) — free download from Land Services SA or the Legal Services Commission
• SA Health Advance Care Directive Kit (March 2024 version) — free download from SA Health
• Donor's identification — photo ID that the witness can sight
• Nominated attorney(s)' identification — for the Schedule 2 acceptance
• An authorised witness — a Justice of the Peace, a legal practitioner, or a proclaimed police officer. If you are appointing SDMs for the ACD, arrange for them to be present at the same session.
• GP capacity letter (recommended) — not legally required, but a letter confirming the donor's capacity at the time of signing protects against future challenge

A Service SA centre provides free JP witnessing services during business hours. For regional families, local JPs can be found through the SA Justices of the Peace register.

Part 1: The Enduring Power of Attorney (Form P2)

Completing the Form

Form P2 is a structured template. The key fields:

1. Donor details — full legal name, address, date of birth
2. Attorney appointment — name each attorney. If appointing more than one, specify whether they act jointly (must agree on every decision), severally (each can act independently), or jointly and severally (can act together or alone)
3. Conditions and limitations — this is where you restrict the attorney's authority. Review the form's default powers carefully before leaving this section blank. Common conditions include property transaction thresholds, requiring two attorneys to act jointly for sales above a certain value, or excluding specific accounts from the attorney's authority
4. Commencement — choose immediate (takes effect upon signing) or springing (takes effect only upon the donor's incapacity, certified by a medical practitioner). For elderly parents, immediate is typically safer — a springing EPA adds an extra verification hurdle when the attorney tries to use it

The Signing Protocol

The donor signs Form P2 in the presence of the authorised witness. The witness signs the witness declaration on the same page, confirming they verified the donor's identity and observed the signing.

Then — and this is the step most families miss — every nominated attorney must complete and sign the Schedule 2 acceptance. This acceptance is not optional. It is not a formality. Without it, the EPA is legally inoperative. The text is prescribed by Schedule 2 of the Powers of Attorney and Agency Act 1984 and must be reproduced exactly.

The attorney's signature on the Schedule 2 acceptance does not need to be witnessed. Each acceptance must be completed before the donor loses capacity; without all required acceptances, the EPA is inoperative.

Part 2: The Advance Care Directive

Understanding the March 2024 Amendments

The ACD underwent significant amendments effective March 2024 under changes to the Advance Care Directives Act 2013. Make sure you are using the current SA Health ACD Kit, not an older version. Key changes include updated SDM sequencing rules, clarified digital copy provisions for health practitioners, and new interpreter requirements.

Completing the Form

The ACD covers:

1. Personal details and values statement — your wishes, beliefs, and preferences for care. This section records values and preferences that can guide healthcare providers when making decisions that fall outside specific treatment instructions
2. Binding treatment instructions — the ACD can record binding refusals of medical treatment. Use the form's instructions to state treatment wishes clearly and specifically
3. Substitute Decision-Maker appointment — name the people authorised to make healthcare, residential, and personal lifestyle decisions on your behalf when you lose decision-making capacity

The Critical Signing Sequence

This is where the ACD diverges from every other Australian advance planning document, and where self-completion fails most often:

Step 1: Each appointed Substitute Decision-Maker signs their acceptance section in the ACD. This happens first.

Step 2: The donor signs the ACD in the presence of an authorised witness.

Step 3: The witness signs the witness declaration.

If the witness signs Step 3 before all SDMs have completed Step 1, the entire ACD is legally void. Not challengeable — void. You would need to start the entire document from scratch with new signatures.

The practical solution is to have all SDMs present at the same signing session, or to have them sign and return their acceptance sections before the donor's witnessing appointment. The South Australia Power of Attorney Kit includes a witnessing protocol checklist that sequences these steps to prevent the void-trigger error.

Witness Independence Requirements

The ACD witness must be completely independent. They cannot be:

• A beneficiary of the donor's will
• An appointed SDM under this ACD
• A health practitioner currently responsible for the donor's medical care
• The donor's paid carer

In regional communities, the local GP is often the most accessible professional — but if they are currently treating the donor, they are disqualified from witnessing. Use a local JP instead.

Part 3: After Signing — What Most Guides Skip

Bank Registration

Take the signed EPA to the donor's bank before you need to use it. Bring:

• The original signed EPA (Form P2 with all Schedule 2 acceptances complete)
• The donor's identification
• The attorney's identification
• The GP's capacity letter (if obtained)

Ask the branch manager — not a teller — to register the EPA on the account and note the attorney's authority. Pre-crisis registration is dramatically more successful than presenting the EPA for the first time during an emergency.

Land Services SA Registration

If the donor owns real property in South Australia, deposit the original EPA and a copy with Land Services SA under Section 156(3) of the Real Property Act 1886. The lodgement fee is $204.00 (2026/2027 financial year). Without this registration, the attorney cannot sign property transfer documents — the Registrar-General will not process transactions where the attorney's authority is not on record.

Safe Storage

Store the original EPA and ACD in a fireproof location accessible to the nominated attorneys. Provide certified copies to:

• Each nominated attorney and SDM
• The donor's bank (if not already registered)
• The donor's GP (for the ACD)
• Land Services SA (for the EPA, if property is involved)

Do not store the only copy in a safe deposit box that requires the donor's signature to access — this creates a catch-22 when the donor loses capacity.

Who This Is For

• Families completing both EPA and ACD for the first time who want to avoid the $165–$1,430+ solicitor fee
• Adult children whose parent needs both documents executed urgently before capacity is lost
• Regional SA families completing the process without a metropolitan solicitor appointment
• Anyone re-executing documents to comply with the March 2024 ACD amendments

Who This Is NOT For

• Estates with complex business structures, multiple trusts, or cross-border assets requiring tailored conditions and limitations
• Families with active disputes about who should be appointed attorney or SDM
• Situations where the donor's capacity is already in question and independent legal verification would strengthen the document against future challenge

Frequently Asked Questions

Do I need to lodge the EPA with any government body for it to be valid?

No. The EPA is valid upon proper signing and witnessing — no government registration is required for validity. Land Services SA registration is only necessary if the attorney needs to transact real property. Bank registration is practical, not legal.

Can the same person witness both the EPA and the ACD?

Yes, as long as they are an authorised witness (JP, solicitor, or proclaimed police officer) and they are independent for the purposes of the ACD (not an SDM, not a will beneficiary, not the donor's treating practitioner or paid carer). A single JP can witness both documents in the same session.

How long does the whole process take?

With all materials gathered and participants present, the combined EPA and ACD completion takes two to three hours — including reading the forms, completing all fields, executing the signing sequence, and having the witness sign. The process is designed for same-day completion.

What if one of my appointed SDMs lives interstate?

The SDM can sign their acceptance section in advance. The signed acceptance should be incorporated into the final ACD document before the donor's signature is witnessed. The SDM does not need to be physically present at the witnessing — their acceptance needs to be complete before the donor signs.

Can I make changes after the documents are signed?

If you make a mistake, follow the current form's correction instructions before signing. Substantive changes — adding or removing an attorney, altering conditions and limitations, changing an SDM — require a new document executed from scratch. An EPA can be revoked by the donor (while they have capacity) using a formal revocation instrument, and the new EPA replaces it.

Is there an age requirement for witnesses?

Authorised witnesses (JPs, solicitors, proclaimed police officers) are adults by definition of their appointment. There is no separate age requirement beyond holding the relevant authorisation. The March 2024 ACD amendments introduced age and capacity requirements for interpreters, but these apply to interpreters, not witnesses.

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