Quick answer
An EPA is a document you sign in advance while you have capacity — you choose who acts for you, and the document springs into effect later if needed. A welfare guardian is appointed by the Family Court after capacity has already been lost. EPAs are cheaper, faster, and let you choose your own attorney. A welfare guardian is the fallback when no EPA exists.
Enduring Power of Attorney vs Welfare Guardian — side by side
| Factor | EPA | Welfare Guardian |
|---|---|---|
| When set up | While the person still has capacity | After capacity is already lost |
| Who appoints | The person, by signing the EPA | The Family Court, on application |
| Document or order | EPA document (property and / or personal care and welfare) | Family Court order |
| Typical cost | $565–$1,495 (one or both forms, single or couple) | Court application fees + lawyer fees, generally several thousand dollars |
| Choice of person | The person chooses | Court chooses from those willing to act |
| Time to put in place | Days to weeks | Months — court process |
| Reviewable | Yes — can be revoked while capacity exists | Yes — court can vary or replace |
| Best practice | Have both Property and Personal Care & Welfare EPAs in place | A last resort once EPA opportunity is missed |
When a epa fits
- Every adult — the standard pre-emptive step
- People with chronic conditions or family history that suggests planning ahead
- Anyone who wants to choose who acts for them
- Couples — usually each appoints the other
When a welfare guardian fits
- Situations where the person has already lost capacity and no EPA exists
- Where an existing EPA cannot operate (attorney has died, no longer willing, or in conflict)
- Where the court needs to resolve disputes about who should act
Need help working out which fits your situation? Use the form to talk to a lawyer, or browse the related guides below.