Enduring Power of Attorney QLD – Call Now! 0407 237 813

Need an Enduring Power of Attorney QLD?

 

An Enduring Power of Attorney is a legal document.  It gives another person, or persons, the power to deal with your financial affairs and assets while you are still alive.  This power ceases upon your death at which time your Will comes into effect.

Giving another person or persons your Power of Attorney enables them to manage your financial affairs and legal decisions made on your behalf, when necessary.

Importantly, if you appoint more than one person, you may direct them to act together, independently or jointly.

 

An Enduring Power of Attorney can be classified as:

  • Active
  • Enduring/Protected

Put simply, a Power of Attorney can have a delayed start or be effective for a set period of time only.

 

Active Power of Attorney

You may direct your Power of Attorney(s) to act on your behalf immediately or for a certain time period.  For example, if you travel overseas for an extended period of time, an ‘active’ Power of Attorney allows you to direct your Attorney(s) to make your legal and financial decisions whilst you are abroad.

 

Enduring Power of Attorney

You may direct your Attorney(s) to act on your behalf immediately or direct that the power remain dormant until activated at a particular time.  For example, an Enduring Power of Attorney may be activated upon certification by a doctor in writing that it is required due to the loss of capacity.

Armstrong Kutz Lawyers will prepare your Enduring Power of Attorney form and advise you of the implications and legalities where appropriate. Further, your Solicitor will witness the document for you.  Call MaryAnn Armstrong, Legal Practitioner Director, for an appointment at a time that suits you.

What are the Costs?

The cost to you is $250.00 plus GST (See Our Fees). If you instruct that the Enduring Power of Attorney is to be registered with the Department of Natural Resources and Mines (DERM) an additional registration fee will be charged

A fee is charged for a consultation process, with a solicitor taking your instructions, preparing your Enduring Power of Attorney and witnessing you sign the document appointing your selected attorney(s).  The solicitor will also discuss with you the arrangements necessary for the signing of the Enduring  Power of Attorney by the attorney(s).

An Enduring Power of Attorney is a very important document.  You must have adequate capacity to give instructions, therefore, it is important to act now.  If you lose capacity, it is considered too late and the Guardian Tribunal must become involved in any decision as to who may then be appointed Attorney(s).  In such a case, the Tribunal may appoint the government to manage your financial affairs which is not the most desirable outcome.