Enduring Power of Attorney
Understanding Enduring Power of Attorney in Queensland
Understanding enduring power of attorney
How we can help
ADA Law provides legal and advocacy assistance to adults who require support to engage with their attorneys under an Enduring Power of Attorney.
Our service helps people to protect their rights and be heard. This may help when a person is wishing to review, replace or revoke an attorney under Enduring Powers of Attorney.
About enduring power of attorney
Personal decisions
Financial decisions
Key things to know
How to make an Enduring Power of Attorney
To make an Enduring Power of Attorney (EPOA), the person (principal) must understand the nature and effect of making an enduring power of attorney, including:
- the consequences of preparing the EPOA
- that you may specify or limit the power given to your attorney, and instruct your attorney about the exercise of the power in the EPOA
- when the power begins
- that once the power begins your attorney will have full control over the exercise of the power (subject to any terms in the EPOA)
- that you may revoke the EPOA at any time while you have capacity to do so
that the power continues even if you lose capacity - if you lose capacity you are effectively unable to oversee the use of the power.
Choosing your attorney
It is important to think carefully about who you choose. It should be someone you trust, and someone who would make the decisions that you would want to make. You might also have more than one attorney, a mix of family and friends can provide for balanced decision-making. Think about who knows you best.
They must:
- be at least 18 years old
- not be your paid carer (a person receiving a carer’s pension is not considered a paid carer)
- not be your health provider
- not be a service provider for a residential service where you are resident.
For personal matters, think about choosing a family member or close friend who truly understands your wishes and health care needs.
For financial decisions, consider someone who is responsible with their own finances and knowledgeable about financial matters, or compatible with how you make decisions..
If you don’t have anyone to choose as your attorney
When you don’t have anyone suitable to appoint as your attorney for personal decisions, you can apply to appoint the Public Guardian, who is an independent statutory officer who protects the rights of adults with impaired capacity.
When you don’t have anyone suitable to appoint as your attorney for financial decisions, you can appoint the Public Trustee. The Public Trustee , who also provides:
- EPOA
- free Wills
- investment, executor and financial administration services.
What an Attorney must do
It’s important you understand your duties and obligations as an attorney. This includes key principles which support a person’s human rights, autonomy and dignity.
The key to being a good attorney is keeping a human rights focus, remembering that all adults, be they younger or older, have the same rights as others in the community, and allowing the person to be informed and participate in decisions that concern them. You can include the person in decisions through Supported Decision Making.
- act honestly and with care
- recognise your right to confidentiality
- consider your existing supportive relationships, values and culture
- apply the general principles under the Powers of Attorney Act 1998.
- ensure any decision made contributes to your health and wellbeing
- choose the least intrusive method of treatment where possible
- consider your views and wishes
- consider the advice of your doctor or other health care providers
- comply with the health care principle under the Powers of Attorney Act 1998.
- avoid entering transactions that may result, in their interests (or those of attorney’s relations, business associates or close friends) conflicting with your interests
- keep records and accounts of dealings and transactions
- keep your property separate from their own (unless it is jointly owned)
- not give your property away and make only reasonable gifts for birthday/Christmas presents or donations that you would normally make yourself.
Resource links
Resources for Principals
Your Life, Your Rights Flyer
Aboriginal and Torres Strait Islander Information
Flowchart - Making an EPOA
Flowchart - How to use an EPOA
Resources for Attorneys
Duties and responsibilities as an Attorney under an EPOA in QLD
Being a brilliant Attorney
Useful Contact List
How to act properly as an Attorney video
Resources for Service Providers
In your interactions with Attorneys (decision makers), it is essential for your staff to ensure that:
- The terms of EPOA documents are being correctly applied
- Attorneys are acting within the limits of their role
- The General Principles are being applied to ensure the person’s rights are always protected
- Staff understand and follow the correct applications of the EPOA documents
- Staff are easily able to identify problems and make appropriate referrals
Making Decisions Supporting clients and assisting Attorneys
Flowchart - Making an EPOA
Flowchart - How to use an EPOA
We encourage support agencies and service providers to also download and print the above Attorney educational resources for circulation to clients and Attorneys to promote understanding of Attorney duties and to protect the rights of individuals.
General Resources and Forms
Enduring Power of Attorney short form
Enduring Power of Attorney long form
Revocation of Enduring Power of Attorney Form
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