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What is anEnduring Powerof Attorney?

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guide you past troubles and on to success.

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www.mdl.com.auIf you would like assistance in preparing or reviewing your Enduring Power of Attorney please telephone our office on 3370 5100 to discuss.

Looking for a team that values strong client relationships? Choose the law firm that genuinely looks out for your best interests, protecting your business and personal legal needs. Choose the support of McCarthy Durie Lawyers. We’re here to guide you past troubles and on to success.

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Enduring Power

of Attorney

Enduring Power

of Attorney

Enduring Power

of Attorney

WHAT CAN MYATTORNEYS DO?Your attorney’s may be appointed for financial matters. This includes the power to make all financial decisions which you can make including paying your bills, dealing with your bank accounts and your property including buying, selling, and/or mortgaging and also, subject to any company constitution or trust deed, to deal with your interest in any company, trust and superannuation fund. For financial matters, the attorney’s power may commence whenever you nominate including immediately, on a specific event or time or when you lose capacity.

Your attorney’s may also be appointed for personal/health matters. This includes the power to make decisions on where and with whom you live, what type of activities or work you are involved in and what health treatment you receive. For personal/health matters, the attorney’s power only commences when you lose capacity.

Any Attorney you appoint must be someone you trust implicitly who is capable of looking after your affairs. They must also be able to fully understand what the appointment means and be over the age of 18 years. They must not be your paid carer or health care provider (please note, this does not include anyone in receipt of a carer’s pension from Centrelink), must not be bankrupt, and must not be a service provider for a residential service where you are a resident, e.g. they must not be a retirement village employee.

If you would like assistance in preparing or reviewing your Enduring Power of Attorney please telephone our office on 3370 5100 to discuss.

WHO SHOULD YOU APPOINT AS YOUR ATTORNEY?

WHAT IS AN ENDURINGPOWER OF ATTORNEY?

WHEN DID YOU LAST REVIEW YOURENDURING POWER OF ATTORNEY?

In Queensland, you can appoint a person or persons to act on your behalf for financial and/or personal/health decisions and this person is known as your Attorney. This appointment only operates whilst you are alive. On your death, your Will takes effect. If it is an enduring power of attorney, then this power to make decisions for you ‘endures’ even after you have lost capacity and no longer have the power to oversee any decision made by your attorney.

Like your will, you should regularly review your Enduring Power of Attorney particularly when any of your attorneys die, lose capacity, become bankrupt or become your paid carer or health care provider. Please also note: your Enduring Power of Attorney may be revoked (partially or wholly) by law on certain events including your divorce, marriage, and entry into or termination of a civil partnership. If this occurs, you will need to review your Enduring Power of Attorney.

If you would like assistance in preparing or reviewing your Enduring Power of Attorney please telephone our office on3370 5100 to discuss.

If you do not have a previous Enduring Power of Attorney, then if you lose capacity, no one has the authority to make financial and personal/health decisions on your behalf. Despite your ongoing financial and personal needs, your family members will have no formal powers to access your bank accounts, to pay your bills, sell property to fund nursing home care for you, access any disability, trauma and/or income protection insurance policies, and may be unable to make critical health decisions for you.

If these decisions need to be made, your family member/s will need to make an application to the Queensland Civil and Administrative Tribunal (“QCAT”) for an order to be appointed as your financial administrator and/or guardian. This can be expensive and takes a considerable amount of time and involves a lot of paperwork.

By not signing an Enduring Power of Attorney, you are leaving it with QCAT to decide who the most appropriate person is to manage your affairs. QCAT has the power to appoint family members however if there is a conflict between family members or they hold no confidence in family members to manage your affairs appropriately then they may appoint the Public Trustee of Queensland to act as Administrator of your financial affairs and Public Guardian as Guardian for your personal/health matters. The Public Trustee of Queensland will charge a fee for managing your financial affairs.

The benefit of making an Enduring Power of Attorney is that you determine who has the power to act on your behalf for these matters if you lose capacity and ensure that your family are not put to trouble and cost of making an application to the Queensland Civil Administration Tribunal.

WHAT IF I DON’T HAVE ANENDURING POWER OFATTORNEY?