FAQs - Enduring Powers of Attorney

  • An Enduring Power of Attorney (EPA) is a formal document which appoints a person to make financial, personal and/or health decisions on your behalf. It is usually implemented so that if you lose capacity to make important decisions about yourself, your Attorney will be authorised to make such decisions for you.

    You have a lot of choice in how your EPA operates. For example, you can choose what powers to give an attorney, when they get that power and instructions on how to use that power. You can also give that power to multiple attorneys so that they can act jointly, or in succession, or so that they have responsibilities for different aspects of your EPA.

    There are many decisions to be made in making an EPA, all of which differ depending on your circumstances.

  • A General Power of Attorney performs a similar function to an EPA – it allows for someone to make decisions on your behalf. However, the difference arises from when the power begins and ends. A General Power of Attorney will immediately end if you lose capacity.

    An EPA will continue to be in effect even if you lose capacity. The power that a EPA may have on the affairs of a person is therefore likely to be more significant, as an EPA may continue for a much longer period of someone’s life.

  • A younger age does not mean that you are less susceptible to accidents and to losing capacity. Anyone who can make an EPA (those over 18 years of age and who have legal capacity), should make an EPA.

  • Anyone who satisfies all of the following may be an Attorney:

    1. Over the age of 18 years of age

    2. Not your current health care provider

    3. Not bankrupt

    4. Not a paid carer

    Usually, loved ones will be chosen to act as Attorney, such as a person’s spouse, child or trusted friend. Additionally, you may choose to appoint several people as your Attorney, who can either act unanimously or separately on your behalf. You may also choose to appoint an Attorney successively, so that if your first choice fails for some reason, your second choice will be appointed instead.

  • Subject to the EPA document itself, you can appoint an Attorney for financial matters and/or personal/health matters.

    Financial matters include:

    1. Investments

    2. Buying and/or selling real estate

    3. Dealing with assets

    4. Using bank accounts

    5. Spending money on your behalf

    6. Managing your business.

    Personal/health matters include:

    1. Decisions on where you live

    2. Whether you work

    3. Day-to-day lifestyle choices (such as diet)

    4. Decisions on medication, surgery, treatment and other health care matters

    You may restrict these powers or include certain wishes in the EPA document itself. This may be useful when you want to give your Attorney some direction in how the Attorney makes decisions for you.

  • If you don’t have an EPA and you lose capacity, your family will need to make an application to the Court or the Queensland Civil and Administrative Tribunal to act on your behalf.

    This process may be lengthy, expensive, stressful and does not guarantee success. This is why it is so important for everyone to make an EPA.