- 1An enduring power of attorney lets someone you trust make financial and/or personal and health decisions if you lose capacity.
- 2It must be made while you still have capacity — it cannot be put in place after the fact.
- 3Without one, family members may need to apply to a tribunal to be appointed, which takes time and is out of your control.
What an enduring power of attorney does
In Queensland, an enduring power of attorney (EPA) is made under the Powers of Attorney Act 1998 (Qld). It allows you (the principal) to appoint one or more people (attorneys) to make decisions on your behalf. It is "enduring" because, unlike a general power of attorney, it continues to operate if you lose the capacity to make decisions yourself.
An EPA can cover financial matters — such as paying bills, managing bank accounts, and dealing with property — and personal and health matters, such as where you live, the support services you receive and health care decisions. You can appoint different people for different matters.
Choosing your attorneys
Your attorneys will have significant authority, so choose people you trust to act in your interests and to follow your wishes. Consider:
- ✓Whether they are willing and able to take on the role, and likely to be available when needed.
- ✓Whether they should act jointly (together), severally (independently) or by majority.
- ✓Whether to appoint a successive attorney in case your first choice cannot act.
- ✓Any limits or instructions you want to include, such as how your home should be dealt with.
When it starts — and formal requirements
For financial matters, you can choose when the power begins: immediately, on a specified date or occasion, or only when you lose capacity. Personal and health powers operate only while you lack capacity for the relevant decision.
An EPA must be made in the approved form, signed in front of an eligible witness, and accepted by each attorney. Mistakes in completing or witnessing the form can make it invalid when it is most needed, which is why we supervise signing.
How it fits with your will and health directive
An EPA ends on your death — at that point your will and your executor take over. Planning the two together ensures your attorney and executor understand their roles and that decisions made during your lifetime do not unintentionally undermine your estate plan.
An advance health directive complements an EPA by recording your own wishes about specific medical treatment. Many clients put all three documents in place at the same time and review them every few years or after a major life event.
Common questions
What happens if I lose capacity without an enduring power of attorney?+
Someone may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your administrator or guardian. That process takes time and the tribunal, not you, decides who is appointed.
Can I cancel or change my enduring power of attorney?+
Yes, while you have capacity you can revoke it and make a new one. Revocation should be done formally and your attorneys should be told.
Sources & further reading
- ↗Queensland Legislation — Powers of Attorney Act 1998 (Qld)
- ↗Queensland Government — law and justice — approved enduring power of attorney forms
- ↗Queensland Civil and Administrative Tribunal (QCAT) — guardianship and administration applications
This guide is general information about Queensland and Australian law and is not legal advice. Laws change and every situation is different — speak with us about your specific circumstances before acting.
