Understanding enduring powers of attorney

Understand how an enduring power of attorney can help you prepare for the future.

In short

You may become unable to make your own personal, health or financial decisions during your life. This might be because of an accident, a medical condition or a mental illness.

An enduring power of attorney is a legal document that allows you to appoint people you trust to make decisions for you if you are unable to do so.

See the Enduring power of attorney explanatory guide.

What is an enduring power of attorney

An enduring power of attorney is a legal document that allows you (the principal) to appoint someone you trust (an attorney) to make decisions about personal (including health) or financial matters.

Personal matters relate to decisions about your care, welfare and health. They include decisions about:

support services
where and with whom you live
health care
legal matters that do not relate to your financial or property matters.

Financial matters relate to decisions about your finances or property. They include decisions about:

paying expenses
making investments
selling property (including your home)
carrying on a business.

An enduring power of attorney also allows you to record your views, wishes and preferences for the future. Your attorney(s) must consider your views, wishes and preferences when making decisions for you.

An enduring power of attorney is a legal document that can significantly affect your legal rights. It is recommended that you seek independent legal advice before making an enduring power of attorney.

The difference between enduring and general powers of attorney

An enduring power of attorney is different to a general power of attorney. You can make a general power of attorney to appoint a trusted person to make financial decisions while you have capacity to make those decisions. Unlike an enduring power of attorney, a general power of attorney ends if you lose capacity.

See Understanding general powers of attorney.

Who can make one

To make an enduring power of attorney, you must be 18 or older and have capacity to understand the document you are signing and the powers it gives.

This means you must be capable of:

understanding the nature and effect of the document
making the document freely and voluntarily.

Personal decisions

An attorney can only make personal decisions for you when you do not have capacity to make those decisions.

Financial decisions

You can decide when your attorney can make financial decisions, including:

when you no longer have capacity to make those decisions.
immediately
from a specific date
in particular circumstances or occasions.

What if you do not have an enduring power of attorney

If you lose capacity to make decisions and do not have an enduring power of attorney, the Queensland Civil and Administrative Tribunal (QCAT) may need to appoint a guardian or administrator to make decisions on your behalf.