Enduring Power of Attorney to Secure your Future 

Enduring Power of Attorney

A power of attorney is a legal document that gives someone else the authority to make financial and legal decisions on your behalf. In Australia, there are different types of powers of attorney, as well as variations in the meaning of the term between each state and territory.

In Queensland, there are two types of power of attorney: general and enduring. A general power of attorney allows your attorney to make decisions about financial and legal matters on your behalf, while an enduring power of attorney remains in effect even if you become unable to make decisions for yourself.

An enduring power of attorney (EPA) is a document that gives another person the authority to make financial and/or property decisions on your behalf. An EPA can be used if you become incapacitated or unable to make decisions for yourself, and can be an important tool for protecting your interests and ensuring that your affairs are managed in accordance with your wishes.

The person you appoint as your attorney (known as your 'agent') will have the same powers as you do to make financial and property decisions, including the authority to buy or sell property, manage bank accounts, and invest funds on your behalf. However, it is important to note that your agent must always act in your best interests and in accordance with your wishes. 

If you need help, you can contact our experienced Gold Coast family lawyers. We can start with a quick free consultation to learn about your circumstances and provide you with next steps.

Who can be an Enduring Power of Attorney?

Under the Act in Queensland, an enduring power of attorney must: be at least 18 years old; not be a paid carer or a health provider for the principal; not be a service provider for residential services where the principal is a resident; and if the person would be given power for a financial matter, not be bankrupt or taking advantage of the laws of bankruptcy as a debtor. An attorney can also be the public trustee (if you have no-one else you trust) or a trustee company. This means that if you are planning on appointing someone as your enduring power of attorney, you need to choose someone who meets all of the above criteria. 

When you are looking for an attorney, it is important to choose someone who is not only knowledgeable and experienced but also trustworthy and reliable. After all, you are trusting this person with your case and your future. A good attorney will be honest with you about your chances of success, keep you updated on the status of your case, and return your calls in a timely manner. They will also be discreet with your information, protecting your privacy and reputation. Finding an attorney who possesses all of these qualities can be difficult, but it is worth the effort to ensure that you have the best possible chance of success.

The enduring power of attorney is a more popular and well-known option, but enduring guardianship may be a better choice for some families. It’s important to understand both options so you can make the best decision for your loved ones. Have you decided which type of arrangement is best for your family?

FAQS

Do I have to be a legal practitioner to be an Enduring power of Attorney?

In Australia, enduring power of attorney (EPA) is a legal document that gives someone else the authority to control your legal and financial affairs on your behalf. The person you appoint as your attorney is known as your 'agent'. An EPA can only be made by a person who has the mental capacity to understand what they are doing. This means that you must be over the age of 18 and have the ability to make your own decisions. You also need to be aware of the nature and effect of the EPA. You do not need to be a legal practitioner to be an EPA, but you must be nominated by someone who is. If you are not sure whether you have the mental capacity to understand and make an EPA, you should seek legal counsel.

What happens if I cannot appoint an enduring power of attorney in Australia?

If you do not have an enduring power of attorney in place in Australia, you can appoint a public guardian as your attorney.