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Estimated Time to Build: 11 - 14 Minutes
Jurisdiction: Queensland
decide personal matters, such as who you have contact with and where you live;
make decisions on most health care issues, such as whether to consent, refuse to consent or withdraw consent to particular types of health care for you (such as an operation); and
control your finances. They can 'stand in your shoes' to make financial decisions for you.
This is an enduring Power of Attorney.
This means that if you become of unsound mind (that is, if you have a stroke or have an accident, and as a result, you cannot make reasoned decisions for yourself), your Power of Attorney is not revoked and remains in operation.
Your Attorney will still be able to use the Power of Attorney to look after you and your financial and legal affairs after you lose the capability to do this for yourself.
This hint is provided by Law Central Legal.
You can give a Power of Attorney if you are:
- at least 18 years old; and
- of sound mind.
To be a valid grant you must have the requisite mental capacity. If you want to give a Power of Attorney to someone, and you or your proposed attorney have any concerns that your mental capacity might be challenged by anyone, you should consider getting a written medical opinion to confirm your capacity to grant the power of attorney.
This hint is provided by Law Central Legal.
A company cannot give an Enduring Power of Attorney to anyone.
However, there are other types of common law Powers of Attorney to achieve this. This option is not available at Law Central.
This hint is provided by Law Central Legal.
This is an important question because you can give a Power of Attorney to someone only if you are of sound mind. If you had a stroke, suffer a medical condition or are just getting old, then someone may claim that you were not of sound mind when you signed your Power of Attorney.
You do not want that.
To be a valid grant you must have the requisite mental capacity. If you want to give a Power of Attorney to someone, and you or your proposed attorney have any concerns that your mental capacity might be challenged by anyone, you should consider getting a written medical opinion to confirm your capacity to grant the power of attorney.
Keep that medical opinion in a safe place. Also let your Attorneys know of the medical opinion. That protects them as well.
This hint is provided by Law Central Legal.
Please give your full name, for example Mary Jane Smith.
Some people have assets in other names. For example, you may have assets in both your maiden name (before you were married) and your married name.
If you have another name, an alias name or still have assets in a maiden name do as follows:
After completing your current surname in the "Surname" field then write: (also known as Ryan James Malone).
For example:
Surname: Smith (also known as Muriel May Davies).
This hint is provided by Law Central Legal.
Where do you live? You must state your current residential address, for example: 12 Howard Street, Nambour, Queensland, 4560, Australia.
DO NOT put down a Post Office Box address - the government departments do not like this practice.
If you are always travelling or do not have a permanent address, then put down the address that you stay at or visit the most, for example your mum's address.
This hint is provided by Law Central Legal.
After you've prepared your document, you must sign the Power of Attorney as set out on the document.
The appropriate witness must not also sign for you and must not be your attorney, a relative of yours or the the person/s you appoint as attorney/s.
This hint is provided by Law Central Legal.
The witness must be a justice of the peace, commissioner for declarations, lawyer or notary public. The witness must not also sign for you and must not be your attorney, a relation of yours or of the person/s you appoint as attorney.
If the power includes dealing with health matters, the witness must not be your current paid carer or health-care provider.
The witness must state that you appeared to understand what you were doing. If the witness is not sure that you understand the nature and effect of the appointment, he/she should refuse to sign the document.
This hint is provided by Law Central Legal.
If you are of sound mind, then you can revoke the Power of Attorney at any time.
If you do not want your Power of Attorney to operate anymore, you should inform your Attorney and other relevant people and agencies in writing.
Keep a copy of your written revocation together with a list of all people and agencies to whom you have sent it.
If you have lodged your Power of Attorney with the Lands Titles Office, you will need to lodge a formal revocation with that Office.
Law Central Legal can prepare this document.
This hint is provided by Law Central Legal.
You do not have to register your Power of Attorney. Once it is completed and signed, it is a legal document and can be used.
However, before your Attorney(s) can register a dealing with your house or land (for example, buy or sell land on your behalf), the Power of Attorney must be deposited at the local titles office for registration. There is a fee payable for the registration.
This hint is provided by Law Central Legal.
You and your family live in New York. You have never been to Australia. Your uncle who lives in South Africa has property in Queensland, Australia.
He is getting sick. He asks you to accept an Enduring Power of Attorney to attend to matters for the Queensland real estate.
Which Power of Attorney does he use? New York State? South Africa? Queensland, Australia?
Because the real estate or asset is in Queensland, you are best to use a Queensland Power of Attorney. Sure, you could try and use another Power of Attorney from another jurisdiction, but would it work? I don't know. Why take the risk?
A Queensland Power of Attorney works over Queensland assets.
Do a POA in each State that you may want to use it.
This hint is provided by Law Central Legal.
No you don't. Once correctly signed it is fully enforceable in this jurisdiction.
Of course if you want to use the Power of Attorney at the bank or government agency then they may require you to "lodge" it or "register" it with them first.
For banks you walk in with the original Power of Attorney and ask them to take a copy of it. (They try and keep your original. Don’t let them. They only need to cite (see) the original and take a copy.)
For the local land titles office it requires you to pay a fee to lodge the Power of Attorney with it. I think that is pretty sad of them to charge you. However, they need to pay their staff at the titles office. Most people won't lodge the Power of Attorney until they actually need it. The titles office generally requires a short statutory declaration from the donee (not the donor) to say that the donor has not revoked the Power of Attorney.
DO I NEED TO HAVE IT 'STAMPED'?
Good news here. The document is a 'deed' however it does not need to be stamped.
This hint is provided by Law Central Legal.
QUESTION: Do enduring Power of Attorneys work after you are dead? I thought they didn't but my client assures me that they do.
ANSWER: Like most things in life people do not have the ability to communicate. In your case the word "you" is ambiguous. Who is "you"? There are 4 situations:
1. If ‘you’ give someone a POA and you die the POA is null and void. It is of no effect. You the donor are dead.
2. If ‘you’ receive a POA and you are the single attorney and you die then the POA is null and void.
3. If ‘you’ receive a POA and you are a joint attorney and you die then the POA is null and void.
4. If ‘you’ receive a POA and you are a joint and several attorney and you die then yes the POA continues on, with the last remaining attorney doing the work by himself.
This hint is provided by Law Central Legal.
The choice of Attorney is up to you. You can choose:
* a spouse
* a partner
* a family member
* a friend
Your Attorney of choice must be willing to take on responsibility on your behalf.
Ask yourself:
Do you trust the person to manage your property and financial affairs?
Will they act in your best interests at all times?
Are they competent to deal with management decisions?
Are they capable of keeping accurate records of dealings and transactions?
This hint is provided by Law Central Legal.
If you decide to appoint 2 people as your Attorneys, you have 2 options:
1. Your Attorneys acting together (joint Attorneys): Such "joint" Attorneys must act together on your behalf at all times. They must agree on what they are doing and sign off together.
If they fight and can't agree then nothing happens. Something happens only when both of them agree. If they disagree then they can always go and seek direction from the Public Advocate. No lawyer is required.
It is safer to make your Attorneys act jointly, especially if you do not trust the judgement of one of them.
2. Your Attorneys acting independently (joint and several Attorneys): If you appoint your 2 Attorneys to act "independently", then they can do things on your behalf separately rather than together.
You may want to consider this less safe option if:
* the Attorneys live overseas;
* one of the Attorneys lives overseas;
* the Attorneys will always agree with each other;
* you completely trust the judgement of both Attorneys;
* you don't expect the Attorneys to ever disagree.
If that is all a fantasy then appoint the Attorneys to act "jointly".
This hint is provided by Law Central Legal.
The choice of Attorney is up to you. Your Attorney must be over 18 years of age. It should be someone you trust.
You can choose:
* a spouse
* a partner
* a family member
* a friend
Your Attorney of choice must be willing to accept responsibility on your behalf.
Ask yourself:
Do you trust the person to manage your property and financial affairs?
Will they act in your best interests at all times?
Are they competent in dealing with management decisions?
Are they capable of keeping accurate records of dealings and transactions?
This hint is provided by Law Central Legal.
State the full name of the person you want to appoint as your Attorney, e.g. Michael John Smith.
This hint is provided by Law Central Legal.
State your Attorney's current residential address.
You may appoint someone who lives in South Australia, in another Australian state or even in another country as your Attorney.
This hint is provided by Law Central Legal.
Your Attorney is legally obliged to act in your best interests. Your Attorney is accountable for his/her actions.
Your Attorney must:
* exercise their powers with reasonable diligence to protect your interests;
* keep accurate records and accounts of all dealing and transactions they make on your behalf;
* not renounce the power while you are of unsound mind, except with the permission of the Public Guardian.
If your Attorney no longer wants or is able to act on your behalf, they must let you know in writing.
This hint is provided by Law Central Legal.
Your Attorney has power to make decisions regarding your property and financial matters.
When your Attorney exercises authority on your behalf, your Attorney should sign as follows:
(Attorney's name) as Attorney for (your name).
Eg Helen Smith as Attorney for James Bond.
Your Attorney cannot:
- make lifestyle and medical decisions for you;
- do anything that requires you personal skill or discretion;
- deal with property that you hold on trust;
- act as a director or secretary of a company on your behalf (unless authorised by constitution of the company);
- make a Will;
- vote in any government elections; or
- appoint a substitute or additional Attorney.
This hint is provided by Law Central Legal.
Your Attorney must indicate their willingness to accept the power under the Power of Attorney and the obligations that go with it.
To do so, your Attorney must sign in the space provided on the Acceptance page after you signed the Power of Attorney.
Your Attorney's signature must be dated, but not witnessed.
This hint is provided by Law Central Legal.
If you are of sound mind, and your Attorney no longer is able or willing to act as your Attorney, they need to let you know in writing.
If you are of unsound mind, then your Attorney must apply to the Public Advocate for permission to renounce your Power of Attorney.
This hint is provided by Law Central Legal.
The choice of Attorney is up to you. You can choose:
* a spouse
* a partner
* a family member
* a friend
Your Attorney of choice must be willing to accept responsibility on your behalf.
Ask yourself:
Do you trust the person to manage your property and financial affairs?
Will they act in your best interests at all times?
Are they competent in dealing with management decisions?
Are they capable of keeping accurate records of dealings and transactions?
This hint is provided by Law Central Legal.
State the full name of the person you want to appoint as your Attorney, eg Michael John Smith.
This hint is provided by Law Central Legal.
State your Attorney's current residential address, e.g:
Unit 5, 31 Green Street, Elizabeth Vale SA 5112 Australia.
You may appoint someone who lives in South Australia, in another Australian state or even in another country as your Attorney.
This hint is provided by Law Central Legal.
You can appoint 1 or more Attorneys. On Law Central, you cannot appoint more than 2 Attorneys.
You may want to appoint 2 Attorneys if:
This hint is provided by Law Central Legal.
Your Attorney is legally obliged to act in your best interests at all times. Your Attorney is accountable for their actions.
Your Attorney must:
* exercise their powers with reasonable diligence to protect your interests;
* keep accurate records and accounts of all dealing and transactions they make on your behalf;
* not renounce the power while you are of unsound mind.
If your Attorney no longer wants or is able to act on your behalf, they must let you know in writing. If you are still of sound mind they can renounce. If you aren’t of sound mind then only the Public Advocate's department allows the Attorney to escape their stressful duties.
This hint is provided by Law Central Legal.
Your Attorney has power to make decisions regarding your property and financial matters.
When your Attorney exercises authority on your behalf, your Attorney should sign as follows:
(Attorney's name) as Attorney for (your name).
E.g. Helen Smith as Attorney for James Bond.
Your Attorney cannot:
- make lifestyle and medical decisions for you;
- do anything that requires you personal skill or discretion;
- deal with property that you hold on trust;
- act as a director or secretary of a company on your behalf (unless authorised by constitution of the company);
- make a Will;
- vote in any government elections; or
- appoint a substitute or additional Attorney.
This hint is provided by Law Central Legal.
Your Attorney must indicate their willingness to accept the power under the Power of Attorney and the obligations that go with it.
To do so, your Attorney must sign in the space provided on the Acceptance page after you signed the Power of Attorney.
Your Attorney's signature must be dated, but not witnessed.
This hint is provided by Law Central Legal.
If you are of sound mind, and your Attorney no longer is able or willing to act as your Attorney, they need to let you know in writing.
If you are of unsound mind, then your Attorney must apply to the Public Advocate for permission to renounce your Power of Attorney.
This hint is provided by Law Central Legal.
If you decide to appoint 2 people as your Attorneys, you have 2 options:
1. Your Attorneys acting together (joint Attorneys): Such "joint" Attorneys must act together on your behalf at all times. They must agree on what they are doing and sign off together.
If they fight and can't agree then nothing happens. Something happens only when both of them agree. If they disagree then they can always go and seek direction from the Public Advocate. No lawyer is required.
It is safer to make your Attorneys act jointly, especially if you do not trust the judgement of one of them.
2. Your Attorneys acting independently (joint and several Attorneys): If you appoint your 2 Attorneys to act "independently", then they can do things on your behalf separately rather than together.
You may want to consider this less safe option if:
* the Attorneys live overseas;
* one of the Attorneys lives overseas;
* the Attorneys will always agree with each other;
* you completely trust the judgement of both Attorneys;
* you don't expect the Attorneys to ever disagree.
If that is all a fantasy then appoint the Attorneys to act "jointly".
This hint is provided by Law Central Legal.
Examples of Personal/Health matters may include:
• Decisions about where and with whom you live;
• Whether you work or undertake education or training;
• Whether you apply for a licence or permit;
• Day-to-day issues like diet and dress; and
• Whether to consent, refuse to consent or withdraw consent to particular types of health care for you (such as an operation).
This hint is provided by Law Central Legal.
Examples of Financial Matters include:
• How your income should be invested;
• How your existing assets should be managed; or
• How your property should be dealt with.
This hint is provided by Law Central Legal.
You cannot give your Attorney power to make decisions about special personal matters, such as:
• A decision about your will;
• Appointing someone else as your Attorney;
• Voting at elections; or
• Consenting to adoption or marriage.
You cannot give your Attorney power to make decisions about special health matters, such as:
• Donation of body tissue;
• Sterilisation;
• Pregnancy termination;
• Research or experimental health care; or
• Certain psychiatric or other health care.
This hint is provided by Law Central Legal.
You can choose to give an Enduring Power of Attorney that only allows your Attorney to use their powers when you become of unsound mind (and thus cannot make decisions for yourself).
Tell your Attorney where these documents are, but tell them that you only want them to use the Power of Attorney if and when you tell them so (or if and when you are of unsound mind and thus cannot make decisions for yourself).
This hint is provided by Law Central Legal.
The Adult Guardian and the Courts have the power to protect your interests. Your attorney may be required to produce a summary of detailed accounts which may be audited. An attorney who does not adequately protect your interests can be removed or changed by the Courts.
This hint is provided by Law Central Legal.
This document has been prepared by the law practice Law Central Legal
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