From next Monday 30 November 2020 there will be new Power of Attorney and Advance Health Directive forms that must be used in Queensland for the documents to be valid.
The following documents will be affected:
- Enduring Powers of Attorney (EPOAs) (long and short form); and
- Advance Health Directives (AHDs).
Since the announcement of the new forms; we have had many clients ask if their EPOA or AHD prepared on the old forms will still be valid after 30 November 2020 and the simple answer is “Yes!”
If you have an EPOA which was made correctly prior to 30 November 2020, it will still be valid after 30 June 2020. It will not be necessary for you to make a new EPOA unless you want to make changes to the documents.
Similarly if your AHD has been made correctly prior to 30 November 2020 it will still be valid after 30 November 2020. However if your AHD appoints a person who is a service provider for a residential service where you are a resident, the AHD, after 30 November 2020, will be revoked to the extent it gives power to the service provider. If this affects your AHD you should consider making a new AHD and seeking legal advice.
The old forms need to be used until 29 November 2020. The new forms cannot be used until 30 November 2020.
The old forms will be valid as long as the principal, the person making the EPOA or AHD signs the document in front of a qualified witness prior to 30 November 2020. It is not necessary for the Attorneys to have accepted their position to act as your Attorneys prior to 30 November 2020.
Get in touch with us
If you have any questions whatsoever or wish to discuss the preparation of an EPOA or AHD please contact Turner Freeman Lawyers Wills and Estates Department on (07) 3025 9000 for obligation free advice.