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Enduring Power Of Attorney

Enduring Power of Attorney (EPOA) is an important legal document you should consider someone can make financial and personal decisions on your behalf if you lose capacity due to illness, injury, or age.

Hefferan & Co Solicitors help Queenslanders prepare legally valid EPOA that will provide peace of mind for you and your family. Our experienced team will guide you through the entire process ensuring your wishes are properly documented and legally protected.

Enduring Power of Attorney?

Enduring Power of Attorney is a legal document that appoints one or more trusted people (called your attorneys) to make decisions for you. Unlike a general Power of Attorney, an EPOA continues to operate even if you lose mental capacity.

There are two types of decisions your attorney can make:

Financial matters – managing your bank accounts, paying bills, buying or selling property, and handling investments

Personal matters – making decisions about your health care, living arrangements, and day-to-day personal affairs

You can choose to give your attorney authority over financial matters only, personal matters only, or both. The choice is entirely yours.

Why You Need an Enduring Power of Attorney?

Life is unpredictable. Without an EPOA in place, your family may face significant stress and legal complications if you’re unable to make decisions due to an accident, stroke, dementia, or other incapacity.

Without a valid EPOA:

  • Your loved ones may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to become your administrator or guardian
  • This process can be time-consuming, expensive, and emotionally draining
  • Your family may not be able to access your bank accounts or manage your property when you need them most

An Enduring Power of Attorney gives you control over who makes important decisions on your behalf, rather than leaving it to a tribunal or the courts.

Queensland's Enduring Power of Attorney Reforms

In November 2020, Queensland introduced significant reforms to guardianship laws and enduring power of attorney requirements under the Powers of Attorney Act 1998.

These changes were designed to provide better protection for vulnerable Queenslanders and make the process clearer for everyone involved.

The 2020 reforms introduced new statutory forms that all EPOAs must use:

Short form – a simpler version for straightforward appointments

Long form – includes additional options for more complex situations, such as appointing multiple attorneys or setting specific conditions

Both forms are prescribed by Queensland law, and your EPOA must be completed using one of these official documents to be legally valid.

The reforms also strengthened protections around when an EPOA takes effect, how attorneys must act, and the oversight mechanisms available to prevent misuse.

How to Set Up an Enduring Power of Attorney

Creating an EPOA involves several important steps to ensure it’s legally valid and reflects your wishes.

Step 1: Choose Your Attorney
Select someone you trust completely – a family member, close friend, or professional advisor. Your attorney will have significant power over your affairs, so this decision should be made carefully.

You can appoint:

  • One attorney to act alone
  • Multiple attorneys to act together (jointly)
  • Multiple attorneys to act separately (severally)
  • Multiple attorneys with a combination of these arrangements

Step 2: Decide What Powers to Grant
Consider whether your attorney should have authority over financial matters, personal matters, or both. You can also include specific instructions or restrictions about how your attorney should act.

Step 3: Complete the Official Form
Your EPOA must be completed using the Queensland Government’s prescribed short or long form. Our solicitors will help you choose the right form and complete it correctly.

Step 4: Sign with Witnesses
For your EPOA to be valid, it must be signed by you and your chosen attorney in front of eligible witnesses. The witnessing requirements are strict under Queensland law, and mistakes can make your document invalid.

We ensure your EPOA is properly executed and meets all legal requirements.

Enduring Power of Attorney and Your Will

An Enduring Power of Attorney works alongside your Will as part of a comprehensive estate plan. While your Will directs what happens to your assets after you pass away, your EPOA determines who can manage your affairs while you’re alive but unable to do so yourself.

We recommend reviewing both documents together to ensure your affairs are properly protected at every stage of life.

Why Choose Us for Your EPOA?

  • Expert legal advice – We explain the Powers of Attorney Act 1998 in plain English and help you understand your choices.
  • Local knowledge – As Queensland solicitors, we understand the specific QLD laws and requirements that apply.
  • Properly prepared documents – We use the correct statutory forms and ensure all requirements are met.
  • Careful witnessing – We oversee the signing process to guarantee your EPOA is legally valid.
  • Integrated estate planning – We can prepare your EPOA alongside your Will and Advance Health Directive for complete protection.

Get Expert Legal Advice from HEFFERAN & CO

Don’t wait until it’s too late. Having an Enduring Power of Attorney in place gives you and your family invaluable peace of mind. Our friendly team at Hefferan & Co Solicitors will take the time to understand your situation, answer your questions, and prepare documents that properly protect your interests.

Contact Hefferan & Co. Solicitors today for expert advice on Enduring Powers of Attorney in Queensland.