What is a power of attorney?

You can nominate another person with the authority to make financial and/or personal decisions on your behalf. This is done through a power of attorney document. This is a legal document prepared under the provisions of the Power of Attorney Act 1998 (Qld).

There are two types of Power of Attorney in Queensland. One impacts the personal decisions related to the principal’s (the person who makes the power of attorney) health care and welfare. Another relates to the financial decisions concerning any matters of the principal’s financial or property affairs.

Which power of attorney should I use?

There are 2 types of power of attorney:

1. General Power of Attorney; and

2. Enduring Power of Attorney.

A General Power of Attorney relates to financial decisions only. It allows the principal to appoint one or more attorneys who can act on their behalf in all financial matters during a specific period or event. The attorney(s) can perform any lawful activity that the principal is entitled to do regarding their financial affairs. However, the appointment under a general power of attorney ends when the principal loses their capacity.

An Enduring Power of Attorney enables one or more attorneys to make decisions regarding the financial and personal matters of the principal. This includes anything that the principal can lawfully do.

The attorney’s authority to make financial decisions can be limited to a specific period or event. However, the authority to make personal decisions does not come into effect until the principal loses capacity.

It is important to note that once capacity is lost, the principal cannot revoke their enduring power of attorney.

Each type of power of attorney has a specific function and purpose depending on your needs. Talk to our power of attorney lawyers in Townsville to determine which is best for you.

When is the right time to make a power of attorney?

Typically, it is recommended to make your power of attorney when you are handling your other estate documents. Like your estate documents, your attorney should be reviewed yearly to ensure it aligns with your current wishes.

Who can I appoint as my attorney?

Any person can be your attorney as long as they are:

• over the age of 18 years;
• are not currently receiving payment for your care or health services; and
• if the power of attorney is for financial decisions, must not be bankrupt or insolvent.

The individual you select as your attorney should be someone that you absolutely trust as they will be making decisions on your behalf.

How do I make an enduring power of attorney?

A power of attorney must be on the approved form in accordance with the provisions of the Power of Attorney Act 1998 (Qld). When creating a power of attorney, you need to have the mental capacity and comprehension of its nature and implications. If lack this capacity the power of attorney and any decisions made by your attorney under it, may be considered void.

If you require your attorney to sell, lease, or buy property, they must be registered with the Queensland Land Registry.

Townsville Wills & Estates Lawyers can assist you with your power of attorney documents. Contact us today.