Enduring Power of Attorney

A Single EPOA is a standalone document created for one person. It outlines their wishes regarding appointment of a trusted person to make decisions for them in the future, independently of anyone else. This is the standard choice for individuals, just completing an EPOA on their own.

Joint EPOAs are still two separate legal documents, one for each person, however these are more applicable for couples — whether married, de facto, or in a civil partnership — who have identical wishes. The contents of the EPOAs are typically 'mirror-reverse', where each partner appoints the other to make decisions for them.

We are able to offer a reduced price for Joint EPOAs because the solicitor is able to save time not having to draft two completely different sets of instructions for each person. Therefore, in the event that a married couple attends and has significantly different wishes for their EPOAs, the discounted fee for Joint EPOAs would not be applicable.

If you lose the mental capacity to manage your affairs or make descisions for yourself without a valid Enduring Power of Attorney, your may be leaving your family members to handle a substantial legal headache. Contrary to what some people think, your spouse or children do not have an automatic legal right to access your bank accounts, sell your property, or manage your investments.

In this instance, your family may be forced to apply to the court or QCAT tribunal to be granted the legal authority to act on your behalf. This process is often a 'worst-case scenario' for families already dealing with a medical crisis, as this process is generally expensive, public, unpredictable, and very time-consuming.

Preparing an EPOA while you are still healthy ensures that the people you trust and want to appoint are able to step in instantly when needed.

Yes, you can appoint multiple Attorneys, and doing so is often a wise strategy to provide a backup option if one person is unable to act. When appointing more than one person, you must specify exactly how you want them to make decisions: jointly, severally, or in a successive order.

Yes, you have the absolute right to change or cancel your Enduring Power of Attorney at any time, provided you still have the mental capacity to do so. To make a change, you generally cannot simply 'edit'or cross out sections of the existing document - you have to revoke the old EPOA and execute a new one. This ensures there is no uncertainty for banks or medical providers about which version is legally binding.

Generally, the decisions an attorney can make fall into two primary categories: Financial and Personal(Medical). You also do not have to grant 'total' authority; you can impose specific limitations, such as preventing the sale of a specific asset or requiring that certain family members be consulted before a major lifestyle change is made.

The Financial side includes the power to manage your bank accounts, pay mortgages or utility bills, lodge tax returns, and manage investments. They can also buy or sell real estate on your behalf to fund your care.

The Personal(Medical) side focuses on your daily well-being and quality of life. It includes determining where you live (such as choosing a particular aged care facility), making decisions about your everyday activities, arranging support services like home nursing or cleaning, and dealing with medical professionals.

Australian states each have their own laws regulting Enduring Powers of Attorney, meaning an EPOA made in one state is not guaranteed to be recognised or accepted in another. While a validly executed EPOA from Queensland is generally recognized in other states, the main concern is practical hurdles when your family attempts to use the document to make descisions for you.

If you present a Queensland document, for example, to a Victorian bank or a Western Australian hospital, staff may be unfamiliar with the format of the Queensland document, or need the document to be reviewed by their legal teams, leading to delays or refusals at the very moment you need help. In many cases, it is safer and more efficient to execute a new document that complies with the specific local legislation, ensuring that your family doesn't face administrative 'red tape' during a crisis.

If you move interstate permanently, spent significant amounts of time in another state, or if you hold significant assets like property in multiple states, we strongly advise having your EPOA documents reviewed by a local solicitor in that state, and potentially preparing a corresponding EPOA document in that state as well.

This is another common misconceptions in estate planning. The answer is no - An Enduring Power of Attorney is a document for when you are still alive but unable to make your own decisions. The moment you pass away, the EPOA ceases to have any legal effect.

Upon your death, people appointed in your EPOA lose all authority to access your bank accounts, sign documents, or make descisions on your behalf. At this moment, the legal 'baton' is passed to the Executor named in your Will. The Executor is the person responsible for your 'post-death' affairs, such as organizing the funeral, or distributing assets to your beneficiaries.

Because the EPOA expires immediately upon death, banks will typically 'freeze' your individual accounts as soon as they are notified of your death to protect the estate. This is why it is vital to have both a Will and an EPOA: the EPOA covers you until you pass away, and the Will takes over from there. Having the same person serve under the EPOA and Will can often make this transition smoother, though it is not a requirement.