Enduring Power of Attorney
Queensland Enduring Powers of Attorney: A Guide
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint someone to make financial and/or personal decisions on your behalf. Unlike a General Power of Attorney, an EPA remains in effect even if you lose capacity to make decisions due to illness, injury, or age-related conditions such as dementia.
In Queensland, an EPA is governed by the Powers of Attorney Act 1998 and is an important tool for planning ahead to ensure your financial, health, and lifestyle decisions are in trusted hands.
Why is an Enduring Power of Attorney Important?
An EPA ensures that if you become unable to make decisions for yourself, a trusted person (or persons) can manage your affairs without the need for expensive and time-consuming court applications. This can be especially useful in situations involving:
Serious illness or injury resulting in loss of capacity
Progressive conditions such as Alzheimer’s or dementia
The need for someone to handle financial matters while you are travelling or otherwise unable to manage them
Without an EPA, your loved ones may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of an administrator or guardian, which can be a stressful and lengthy process.
Who Can Make an Enduring Power of Attorney?
To create an EPA in Queensland, you must:
Be at least 18 years old
Have decision-making capacity at the time of signing
You must also ensure that your EPA is signed in the presence of an eligible witness, such as a lawyer, a justice of the peace, a commissioner for declarations, or a notary public.
What Decisions Can an Attorney Make?
An EPA allows you to appoint an attorney to make decisions in two key areas:
1. Financial Matters
Your attorney can manage your finances, including:
Banking and paying bills
Managing property and investments
Running a business (if authorised)
Selling assets if necessary
You can specify when their authority begins, either immediately, from a specific date, or only if you lose capacity.
2. Personal (including Health) Matters
Your attorney can make decisions about:
Living arrangements (e.g., moving into aged care)
Medical treatment and health care
Daily needs such as diet and personal services
Their authority only begins if you lose capacity to make these decisions yourself.
Who Should you Choose as Your Attorney?
Choosing the right attorney is critical. Your attorney should be:
Someone you trust completely
Over 18 years old
Capable of managing financial and personal matters responsibly
Not your paid carer, health provider, or service provider
You can appoint more than one attorney and specify whether they must act jointly (together) or severally (independently). You can also set different attorneys for financial and personal matters.
How to Mark an Enduring Power of Attorney in Queensland
We recommend engaging a solicitor to advise you on preparing an Enduring Power of Attorney. This is a service we offer at Ryder Lawyers.
For those in the community who do not wish to engage a lawyer, you can follow a self-guided process as below.
Step 1: Obtain the Correct Form
The Enduring Power of Attorney Form is available from the Queensland Government website: Download the Enduring Power of Attorney Form
Step 2: Complete the Form
You will need to:
Provide your details
Appoint your attorney(s)
Specify the powers granted
Set any limits or conditions
Step 3: Sign in Front of a Witness
Your signature must be witnessed by a legal professional, justice of the peace, commissioner for declarations, or a notary public.
Step 4: Provide Copies to Relevant Parties
Give copies of your EPA to your attorney(s), financial institutions, and relevant health professionals.
Step 5: Register if Required
While an EPA does not have to be registered for financial matters, it must be registered with the Queensland Titles Registry if it includes decisions about land transactions.
Can You Change or Revoke an Enduring Power of Attorney?
Yes, you can revoke or update your EPA at any time, provided you have decision-making capacity. A revocation must be in writing, and your attorney must be notified.
An EPA automatically ends if:
You pass away (your Will takes effect instead)
You revoke it while you still have capacity
Your attorney is no longer able or willing to act
QCAT revokes the appointment
What Happens if There is a Dispute?
If there is a disagreement about an EPA, the Queensland Civil and Administrative Tribunal (QCAT) can review the appointment and make decisions to resolve the issue.
More information on dispute resolution can be found here: QCAT Enduring Power of Attorney Disputes
Get Legal Advice
Making an EPA is an important decision that should be tailored to your circumstances. A solicitor can help you:
Ensure the document is correctly completed
Avoid common pitfalls
Provide tailored advice on restrictions and conditions
Contact Us
If you need assistance with an Enduring Power of Attorney in Queensland, our experienced legal team is here to help. Contact us today for personalised advice.
Do you have a legal matter? Book in for a 15 minute phone call
Meet with our team on a quick and friendly call. Let’s see if we can work together,
