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Elder Law and Retiree Services

Quicklinks

• Making a Will
• Preparing an Enduring Power of Attorney
• Advance Health Directive
• Administration of deceased Estates
• Contesting a Will or Estate
• Checking Aged care agreements
• Advising on Retirement Village Leases

Preparing an Enduring Power of Attorney

Types of Powers of Attorney

• A General Power of Attorney, usually used for business transactions. It authorizes someone to sign for you in a specific matter or for an exact amount of time. You can limit your Attorney’s power.
• An Enduring Power of Attorney, deals with all or part of your personal or health matters and/or your finances. It is commonly used in situations where you have lost your capacity to make your own decisions.

When does an Enduring Power of Attorney commence?

• An Enduring Power of Attorney for financial matters comes into effect immediately it is signed or on a date or event happening (for example, you losing your capacity) which you nominate, and continues to be effective even though you lose your capacity to make decisions.
• An Enduring Power of Attorney for health / personal matters is only operative when / if you lose your capacity.

Who can be an Attorney?

Your Attorney must be over 18 years of age, must not be your health care provider (for example, your doctor) and must not be bankrupt or the paid carer. (Receiving the Carer’s Pension does not stop a person being an Attorney). If you are someone’s Enduring Power of Attorney, you must not enter into a conflict transaction, that is, you cannot make decisions in matters which involve your interests which favour you, for example, selling yourself the family home for an undervalue.

How many Attorneys can be appointed?

You can appoint no more than 4 Attorneys to act at any one time. You should consider whether the Attorneys can get along together and whether they have the necessary skills in finance, health etc to make your decisions. They must be people who you trust.

Revoking an Enduring Power of Attorney

Your Enduring Power of Attorney is automatically revoked:

• on your death
• when you marry, unless your new spouse is your existing Attorney
• when you divorce, if your Attorney was your spouse
• when you appoint a new Attorney
• if your Attorney dies or loses decision-making capacity
• if your Attorney becomes unqualified, for example, bankrupt or paid health care provider.

You can chose to revoke your Enduring Power of Attorney at any time provided you are capable of understanding what you are doing. We can advise you on the procedures you should follow.

To find out more information, go to: www.justice.qld.gov.au