Enduring Power of Attorney QLD – what it covers + why you need one

TLDR: An enduring power of attorney (EPOA) is the Queensland document that lets someone you trust make financial and/or personal decisions for you if you lose capacity. “Enduring” is the key word – a general power of attorney dies the moment you lose capacity, which is precisely when you need it most. Without an EPOA, your family may have to apply to QCAT to be appointed as your administrator or guardian. We prepare EPOAs (usually alongside a will) on fixed fees.

Most people assume that if something happens to them, their spouse or kids can just “handle things”. Legally, they can’t. Your partner cannot sign a contract for you, sell your house, or deal with your bank simply because they’re your partner. The document that gives them that authority in Queensland is the enduring power of attorney.

What is an enduring power of attorney?

An EPOA is a legal document made under the Powers of Attorney Act 1998 (Qld) in which you (the principal) appoint one or more attorneys to make decisions on your behalf. It can cover:

• Financial matters – banking, bills, investments, buying and selling property, running a business.
• Personal (including health) matters – where you live, what services you receive, and health care decisions. (Specific instructions about medical treatment itself usually belong in an advance health directive – a separate document that works alongside the EPOA.)

Enduring vs general power of attorney – the difference that matters

A general power of attorney is a convenience tool: useful while you’re overseas or unavailable, but it is automatically revoked if you lose capacity. An enduring power of attorney survives loss of capacity – that’s its entire purpose. If you’re weighing up which one you need for a specific transaction (like a settlement while you’re travelling), ask us – it’s often a general POA for the deal plus an EPOA for life.

When does an EPOA start operating?

• Financial matters: you choose – immediately, from a nominated date or occasion, or only once you lose capacity. Many couples make financial power start immediately for convenience; many others prefer it to start only on incapacity. Both are valid choices – the point is you make them deliberately.
• Personal and health matters: the law fixes this – your attorney can only act once you don’t have capacity for the decision in question.

Who can be your attorney (and who can’t)

Your attorney must be an adult with capacity. For financial matters they can’t be bankrupt or insolvent, and your attorney generally can’t be your paid carer or your health provider. Choose someone who is financially sensible, geographically reachable and – bluntly – trustworthy under pressure. You can appoint more than one attorney and require them to act jointly, severally, or by majority.

The formalities: forms, witnesses and acceptance

Queensland EPOAs are made on the approved forms (the short form covers the standard appointment; the long form handles more complex arrangements, like different attorneys for different matters). Your signature must be witnessed by an eligible witness – a justice of the peace, commissioner for declarations, lawyer or notary public – who also certifies that you appeared to understand what you were signing. Each attorney then signs an acceptance before they can act. Get any of these formalities wrong and the document can be worthless exactly when it’s needed.

EPOAs and property: the bit most people miss

Before an attorney can sign land transaction documents – selling the family home to fund aged care is the classic scenario – the EPOA must be registered with Titles Queensland. As property lawyers, we see unregistered EPOAs surface mid-conveyance regularly, and the scramble to register at settlement-week speed is avoidable stress. If there’s any real property in the picture, register early.

What happens if you don’t have one?

If you lose capacity without an EPOA, nobody automatically steps in. Your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of an administrator (financial) or guardian (personal) – a slower, public, more stressful process where the tribunal, not you, decides who’s in charge. The Public Trustee or Public Guardian can end up appointed instead of family.

Cancelling or revoking your EPOA

You may revoke or cancel your EPOA at any time while you have capacity to do so. There’s a form you can fill out, a Form 6, to revoke the Enduring Power of Attorney. If you revoke your EPOA,  you must take all reasonable steps to advise all of your attorneys that it’s been revoked.

If you’ve registered with the Queensland Titles Registry, you also need to register a revocation of EPOA by lodging another form, a Form 16, along with a single sided copy of the revocation of Power of Attorney Form 6.

FUN FACT – when you create a new EPOA or Advanced Health Directive, the old one is invalid.

EXTRA FUN FACT (IMPORTANT) – A POA/EPOA ceases to have any power when the Principal dies. If the principal is dead, the POA/EOPA is worthless. The Attorneys can only make decisions for you whilst you are alive. Upon death, the executors of the estate step in to make decisions for the estate of the deceased.

To learn more about other circumstances where your EPOA may be revoked or cancelled, see page 19 of the explanatory guide in the blog.

Well,  there you have it. We’ve made it through EPOA. As you can see, it’s a really powerful,  intricate document.

Power of attorney and property contracts: what agents must check

Real estate agents – keep in mind that just because a contract may be signed by a Power of Attorney, the real estate must take reasonable steps to make sure the Power of Attorney is valid, i.e. executed correctly, and the Attorneys have the power to sign on behalf of the Principal.  Best practice is to sight the original POA or get a certified copy. DON’T accept a copy that’s not the original.

Here at Empire Legal, we’re well versed with Power of Attorneys. If you have a Power of Attorney matter and you need help, call us.

Thank you everyone.

Please share this video. Also, if you could like and/or subscribe, if this content has added any value, we would really, really appreciate it.

Get in touch with us. Jump on our Instagram, our Facebook, our website.

George Sourris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au.

If this has added value, please share this blog / the YouTube video with a friend.

Thanks for reading everybody. See you on the next one.

Related guides: company powers of attorney · advance health directives in QLD · how much a will costs in QLD

Getting your EPOA done with Empire Legal

An EPOA is one third of the estate-planning kit we recommend for every Queensland adult: a will, an enduring power of attorney and an advance health directive. We prepare them together, on fixed fees, with proper advice about attorney choice and start dates – not a template PDF. Call 07 3088 7675 or email info@empirelegal.com.au.

Frequently asked questions

How much does a power of attorney cost in QLD?

At Empire Legal a Power of Attorney is $550 including GST. You can bundle it with a will for $1,000, or take the couple’s bundle of two wills and two Powers of Attorney for $1,600.

What is an enduring power of attorney in QLD?

A document under the Powers of Attorney Act 1998 (Qld) appointing someone to make financial and/or personal decisions for you, which keeps operating (“endures”) if you lose capacity.

What’s the difference between a general and enduring power of attorney?

A general POA is revoked automatically when you lose capacity; an enduring POA continues. Only an EPOA protects you in the dementia, stroke or serious-accident scenarios people actually worry about.

Who witnesses an enduring power of attorney in Queensland?

An eligible witness: a justice of the peace, commissioner for declarations, lawyer or notary public. The witness must certify you appeared to understand the document.

Does an EPOA need to be registered in QLD?

Only for land dealings – the EPOA must be registered with Titles Queensland before your attorney can sign property transaction documents. For everything else, registration isn’t required.

Can my attorney make medical decisions?

An attorney for personal matters can make health care decisions once you lack capacity, but specific treatment wishes are better recorded in an advance health directive, which speaks directly to doctors.

When should I make an EPOA?

Now, while you clearly have capacity. Once capacity is lost it’s too late – the document can’t be made, and QCAT becomes the only path.