Have you reviewed your Enduring Power of Attorney lately?

Enduring Powers of Attorney in Queensland are documents that set out who can make decisions for you under specific circumstances, or if you are unable to make decisions for yourself because, for example, you no longer have capacity to do so.

Under the terms of those documents, you can appoint people to act for you in regard to financial matters and personal/health matters.  It does not necessarily need to be the same person for both of those matters.

Financial matters include any decision on any financial matter that you could legally make yourself. Essentially your financial attorney steps into your financial shoes.  You can nominate when that power should commence.

Examples of financial matters include:

1. deciding how your income should be invested
2. selling any of your assets
3. paying your debts, and
4. paying maintenance and accommodation expenses for you.

Personal/health powers can only come into effect when you can no longer make decisions for yourself.

Examples of personal/health matters include:

1. decisions about where and with whom you live
2. whether you work or undertake education or training
3. day-to-day issues like diet and dress, and
4. whether to consent, refuse to consent or withdraw consent to particular types of healthcare for you (such as an operation).

It is important, firstly that you have an Enduring Power of Attorney that is easily locatable.  They are generally not registered unless there is a need for the attorney to deal with property.

Failing to have one (or be able to locate one) will mean that, should you lose capacity to make decisions for yourself, someone will need to make application to the Queensland Civil and Administrative Tribunal to act on your behalf. This can be time consuming and may result in the appointment of a person or entity that you would not have chosen to appoint yourself.

Secondly, it is important that you think carefully about who you appoint and how they will be able to act.  Disputing attorneys can be worse than no attorney at all.  Arguments as to how funds are dealt with, and where a parent resides (for example) are not uncommon between siblings. If they are appointed jointly, this could prevent any of them being able to make a decision.  Conversely, appointing attorneys by majority does mean that all attorneys are liable for the decision made by the majority, even those attorneys that did not take part in the decision.

You should also carefully consider if an attorney is in business with you. For example, in a partnership in a primary production enterprise.   Complications can arise for the business if proper terms are not included in the Enduring Power of Attorney, which take into account the role the attorney may have in the business with the principal.

Should you need assistance with reviewing your Enduring Power of Attorney our team have extensive experience in these matters and would be happy to help.