Enduring Power of Attorney QLD

Enduring Power of Attorney QLD


Have you ever thought what might happen if you do not have an Enduring Power of Attorney QLD?

As Brisbane solicitors who draft these documents, we have a great deal of experience speaking with clients who require an Enduring Power of Attorney, but who have never really thought much about the effect of such a document.

For example, one of our clients had responded to an advertisement that we had posted online entitled Conveyancing Brisbane. We worked diligently on her behalf. At the conclusion of her matter we suggested that it would be prudent for her to appoint an attorney under an Enduring Power of Attorney QLD. She looked at us with confusion in her eyes, exclaiming, “I have never heard of such a document, but I guess I should take the time to find out more”.

On another occasion, Josephine, having sought our assistance from an advertisement entitled “personal injury lawyers “ asked us to explain the ins and out of an Enduring Power of Attorney during a consultation in which we drafted her Will.

Below is some of the advice we were able to give, and some of our thoughts as well.

Firstly, if you lose your mental capacity without having appointed an attorney under an Enduring Power of Attorney, and you are no longer capable of managing your personal, health and financial affairs, the Public Guardian and Public Trustee will take over your affairs. They will manage your affairs unless someone else is appointed by the court. An application can be made in the Queensland Civil and Administrative Tribunal (QCAT), however, you personally will not be able to bring the application, as you would have lost the relevant capacity to be legally able to do so.

Should you fail to ensure that you have appointed an attorney prior to losing capacity, nobody, not even your children, spouse, siblings or other family members, will have any power to manage your personal, health or financial affairs. A court order will be necessary for that to occur.

Knowing the above information, it is hard for us to believe that anyone would neglect to make an Enduring Power of Attorney QLD. The process for anyone making an application, or being a party to an application in QCAT is very stressful and time consuming. Time that could very well be used to  obtain information relating to your requirements as a person without capacity to manage their own affairs. Knowing how inexpensive it is to provide instructions and execute this document, we find it very surprising that more people do not understand just how important it is to have the correct documentation in place.

Once you have appointed an attorney under an Enduring Power of Attorney QLD, you will be able to ensure that your attorney/s know where the original document is located. This will create a strong sense of relief for you, simply knowing that should something happen, your chosen attorney will be able to immediately begin their duties and look after your interests without any government department being involved in the decision making.