Information for attorneys appointed in an enduring power of attorney

Understand what you need to do if you are an attorney appointed under an enduring power of attorney in Queensland.

In short

Attorneys appointed under an enduring power of attorney can, depending on the document, make decisions about personal (including health) and financial matters for an adult.

If you are appointed as an attorney under an enduring power of attorney there are important legal duties and obligations you must be aware of and comply with.

When you power begins

You must first sign the enduring power of attorney to accept your appointment before you can start to make decisions as an attorney.

You should seek advice from a professional (e.g. a lawyer) when considering whether to accept an appointment as an attorney.

An attorney for personal matters

An attorney can only make personal decisions when the principal does not have capacity to make those decisions.

You should seek a capacity assessment from an independent person (e.g. a general practitioner or other health practitioner).

An attorney for financial matters

An attorney can make financial decisions either:

from the time or circumstances specified in the enduring power of attorney, or
if no day or circumstances are specified in the enduring power of attorney, from the day the enduring power of attorney is made.

For more information, see Obligations of attorneys under an enduring document.

What you must do

There are important legal duties and obligations you must comply with.

For example, you must apply the General principles and health care principles under Queensland's guardianship framework when using your powers.

These factsheets explain more about the duties and obligations of attorneys in Queensland:

More information can also be found on pages 21–24 of the Enduring power of attorney explanatory guide.

If you do the wrong thing

If you do not comply with your duties and obligations, the Public Guardian can investigate you and the Queensland Civil and Administrative Tribunal (QCAT) can remove you as an attorney.

You could also face the following consequences:

criminal liability—failing to act honestly and with reasonable diligence as your attorney is a criminal offence
paying compensation—QCAT or the Supreme Court can order you to compensate the principal or the principal’s estate for any loss caused by your failure to comply with their obligations
accounting for profits—QCAT or the Supreme Court can order you to account for any profits you have gained as a result of your failure to comply with your obligations
other remedies against your attorney—QCAT or the Supreme Court can make other orders against you, including requiring you to perform certain actions (e.g. producing records and audited accounts).

If you are unsure about your role, you should seek legal advice.

Resigning as an attorney

You can resign as attorney by giving written notice to the principal, if the principal has capacity to make another enduring power of attorney.

If the principal doesn’t have this capacity, before resigning you must get permission from the Queensland Civil and Administrative Tribunal (QCAT) or the Supreme Court.