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Powers of Attorney

A power of attorney can be just as important as having a will. It means that someone is legally appointed to act on your behalf regarding your financial and legal affairs.

What is a Power of Attorney?

If you lose capacity and cannot handle your own affairs, it is important they’re managed by a trusted loved one rather than a government department. Powers of Attorney are formal legal documents that give someone else the power to make decisions for you on your behalf.

A power of attorney is a legal document that allows you to choose one or more trusted persons to make financial and legal decisions on your behalf.

The person you nominate is called your ‘attorney’. Your attorney can assist you and act on your behalf in many ways, including the following:

  • access your bank accounts;
  • transfer, sell and otherwise deal with your real estate;
  • pay your bills and deal with service providers;
  • sign contracts and agreements;
  • deal with Centrelink, Medicare and other government agencies.

You can also specify conditions as to how and when your attorney can act.

Why do I need one?

Having a power of attorney allows someone you trust to assist you with your financial and legal affairs. There may be times during your life where you are unable or unavailable to attend to your financial or legal affairs or make decisions.

A power of attorney is a document that is regulated by law and is an important part of estate planning.

Who should I appoint?

We recommend you appoint someone you trust. This person needs to be over the age of 18 years, cannot be a paid carer or health-care provider. This person also cannot be bankrupt or insolvent.

We also suggest to also specify an alternate attorney in case their first choice is unable to act.

There are two types:

General Powers of Attorney (GPOA)

general power of attorney will cease to operate if the person who made it loses their mental capacity. Under this type of Power of Attorney, you can only give someone else the power to make decisions on your behalf for a period of time that you have specified. This decision power may include financial decisions and health decisions for the specified timeframe. For example if you have left the country for an extended period of time you are allowing another person, i.e. your Attorney, to pay your bills on your behalf.

Enduring Powers of Attorney (EPOA)

An enduring power of attorney endures or continues to operate even if the person who made it loses their mental capacity.

An enduring power of attorney is a legal document by which you authorise a person to make financial decisions on your behalf such as:

  • Taking money out of your bank account;
  • Paying your bills;
  • Selling or purchasing property, shares or other assets; and
  • Signing legal documents, leases, mortgages.
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Frequently asked questions

What is a General Power of Attorney (GPOA)?

General Power of Attorney (GPOA)

Under this type of Power of Attorney, you can only give someone else the power to make decisions on your behalf for a period of time that you have specified. This decision power may include financial decisions and health decisions for the specified timeframe. For example if you have left the country for an extended period of time you are allowing another person, i.e. your Attorney, to pay your bills on your behalf.

This General Power of Attorney only lasts whilst you have capacity and you are able to make your own decisions. However this power ends when you lose your capacity to be able to make decisions.

A typical example of a General Power of Attorney is appointing someone as your Attorney to pay bills on your behalf while you are overseas.

Can I cancel my GPOA?

A General Power of Attorney will be revoked (cancelled) if:

  • The principal (you, the person making the Power of Attorney) loses the mental capacity to manage your own affairs;
  • You cancel (revoke) it by using a document called a deed of revocation;
  • You die; or
  • Your Attorney (the person appointed to act on your behalf) becomes bankrupt, or loses the mental capacity to act.

What is an Enduring Power of Attorney (EPOA)?

Enduring Power of Attorney (EPOA)

Enduring Power of Attorney is one of the most powerful documents that you can sign. It is a document which allows you to appoint another person to make decisions on your behalf regarding your personal and financial affairs.

The word “Enduring” simply means that the power continues even after you lose your capacity to make decisions yourself.

Some important facts about EPOA’s are as follows:

  • The person you appoint is called an Attorney.
  • You can prepare your EPOA so the appointment of an Attorney only takes effect if you have lost capacity.
  • An Attorney is not required to have any qualifications to be appointed, however they have to meet certain criteria, such as they must be over 18 years of age and they must not be bankrupt.
  • You may specify or restrict the power of your Attorney for example a joint appointment of more than one Attorney may require decisions to be made unanimously by the Attorneys.
  • An EPOA enables you to decide who will make financial and/ or personal/health decisions for you if you lose capacity.
  • Personal/health matters – include where and with whom you live; day to day issues like diet and dress and whether to consent to particular health care on your behalf.
  • Financial matters – include all financial matters such as receiving income, paying bills, investments and financial planning.
  • For financial and legal decisions, you can specify when your Attorney can act, for example:
    • Immediately; or
    • Only if you lose your capacity.
  • If you are ever in circumstances where you cannot manage your affairs yourself, an Enduring Power of Attorney is an important tool to ensure your affairs are managed by a person of your choice.
  • If you do not have an Enduring Power of Attorney, there is a process for people to apply to the Queensland Civil and Administrative Tribunal to be appointed as your Attorney. In these circumstances, a person who applies to be appointed may not be your preferred person.
  • Making an EPOA now allows you to choose who will make these decisions for you if the time ever comes when you cannot make these decisions yourself.

What are benefits of an Enduring Power of Attorney (EPOA)?

Benefits of an Enduring Power of Attorney (EPOA)

An EPOA enables you to decide who will make financial and/or health decisions for you if you lose capacity.

  • Personal/health matters – include where and with whom you live; day to day issues like diet and dress and whether to consent to particular health care for you.
  • Financial matters – include all financial matters such as receiving income, paying bills, investment and financial planning.

If you lose the mental ability to look after yourself, either temporarily or permanently, your financial attorney may have complete control over all your assets, and your personal/health attorney may have complete control over your personal and lifestyle matters.

What happens if you lose capacity and you don't have one?

What happens if you lose capacity and you don’t have an EPOA

If you lose capacity to make decisions for yourself and you do not have a current valid EPOA, the Guardianship and Administration Tribunal may be required to make an Order appointing the Public Trustee, another Trustee company or some of your family or friends to act as your Administrator.

If you lose mental capacity as a result of illness or accident and you do not have an EPOA, the Public Trustee will be your administrator until the Guardianship and Administration Tribunal makes other orders. Making an EPOA now allows you to choose who will make these decisions for you if the time comes.

Can I make changes to my EPOA?

Can I make changes to my EPOA?

You can make changes to your EPOA at any time as long as you still have capacity to do so.

How to make changes?

To make changes to an EPOA you must execute a Revocation of Enduring Power of Attorney Form and serve it on the Attorney/s you wish to remove, notifying them of your decision.

When should you review your EPOA?

We recommend you review your EPOA every 3-5 years to ensure you are still happy with the people you have appointed as your Attorney/s.

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