Power of Attorney

A power of attorney allows you (the principal) to appoint someone you trust (i.e. an attorney or attorneys) to make decisions for you during your lifetime.

 

An attorney can make decisions about:

  • Personal matters (including health) that relate to personal or lifestyle decisions. This includes 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, which relate to decisions about your financial or property affairs, including

    • paying expenses

    • making investments

    • selling property (including your home)

    • carrying on a business.

 

The two types of Power of Attorney and their differences  

 

There are two types of power of attorney:

  • general power of attorney, which ends if you lose capacity

  • enduring power of attorney, which continues if you lose capacity.

 

General Power of Attorney

A general power of attorney allows you (the principal) to appoint someone you trust (an attorney) to make decisions about financial matters for you while you can make decisions about those matters.

  • You may use a general power of attorney to appoint an attorney for a specific period or event (e.g. if you are going overseas and need someone to sell your house or pay your bills).

 

  • It’s used while you can still make your own decisions and ends once you lose the capacity to make those decisions (unless it is a power of attorney given as security).

 

 

Enduring Power of Attorney

An enduring power of attorney allows you (the principal) to appoint someone you trust (an attorney) to make decisions about personal (including health) matters and/or financial matters for you.

An attorney for personal matters (including health matters) can only make decisions for you when you do not have the capacity to make those decisions.

You can decide when your attorney’s power to make decisions for financial matters begins, including:

  • when you no longer can make those decisions

  • immediately

  • from a specific date

  • in particular circumstances or occasions.

The most significant difference between the two is what aspects of life the attorney has to make decisions, general, excluding health or Enduring, including health. 

 

Completing the Document

Refer to the explanatory guide for the enduring power of attorney while you complete the form. It guides you through the questions and provides useful information, practical examples, and guidance.

 

You will need to sign the form in the presence of one of these witnesses:

  • a justice of the peace (JP)

  • commissioner for declarations

  • notary public

  • lawyer.

Once you and the witness have signed the document, your attorney(s) must sign it to accept the appointment. Your attorney(s) do not have to do this immediately; however, they must sign it before they can begin making decisions on your behalf.

If the person doesn't have anyone to choose as their attorney

If you don’t feel confident that you have anyone suitable in your life to take on the responsibilities of an attorney for personal (including health) matters, you can appoint the Public Guardian.

Next Steps

What to do when they completed an enduring power of attorney

The enduring power of attorney form doesn't need to be registered power of attorney anywhere.

 

However, if your attorney(s) need to deal with land in Queensland on your behalf, your enduring power of attorney must first be registered with the Queensland Titles Registry by lodging a request to register power of attorney (form 16) together with a single-sided certified copy of the enduring power of attorney. Once registered with the Titles Registry, an image of the enduring power of attorney will exist on a publicly searchable register.

They should:

  • Keep the original in a safe place

  • give a certified copy to your attorney(s), doctor, other health provider(s), bank or lawyer

  • Let their close family and friends know that they have made an enduring power of attorney and where to find it.

They should review their enduring power of attorney if their circumstances change.