Does Your Enduring Power of Attorney Need to be Updated in 2026?
As we settle into 2026, it’s the perfect time to revisit important aspects of your estate planning starting with your Enduring Power of Attorney. This legal document is often overlooked, yet it plays a critical role in protecting your interests if you lose capacity.
Below, we break down what an Enduring Power of Attorney is, when it might need updating, and why it’s a vital part of your estate plan.
What Is an Enduring Power of Attorney?
In Queensland, an Enduring Power of Attorney (EPOA) allows you to appoint someone to make financial and/or health decisions on your behalf if you become incapacitated. You must have capacity at the time of creating or revoking this document, and it must be done using the approved form. Unlike a Will, which takes effect after you pass away, an EPOA operates while you’re alive.
It’s not enough to simply have an EPOA on file. You need to ensure it reflects your current wishes and personal circumstances. Outdated EPOAs can lead to confusion, legal hurdles, and unintended outcomes.
When Should You Update Your Enduring Power of Attorney?
Here are the most common and important reasons to review and update your EPOA:
A Change in Who You Trust
If one of your appointed attorneys has passed away, become incapacitated, moved overseas, or is no longer someone you wish to act on your behalf, you need to update your EPOA immediately. This requires a formal revocation using the correct form, and notification to the existing attorneys (if they are still alive), as set out under the Powers of Attorney Act 1998 (Qld).
A Significant Health Event
If you’ve experienced a serious health change such as a terminal diagnosis, the onset of a degenerative condition, or age-related frailty, you may want your appointed attorney to start acting immediately, particularly when day-to-day financial matters become challenging.
In these cases, it’s essential that your EPOA clearly reflects your intentions, so that loved ones and institutions (like banks and aged care providers) can rely on it.
Unclear or Problematic Activation Clauses
Many EPOAs in circulation contain clauses that trigger the attorney’s powers immediately often without the principal realising. If your EPOA says that financial decision-making begins straight away, your attorney could technically act now, even if you still have capacity. This is not always what people intend.
If your goal is to only allow decision-making upon incapacity, your EPOA should clearly state when the power begins.
You’ve Updated Your Estate Plan
At Vicca Law, we update your Enduring Power of Attorney as part of every comprehensive estate planning package. This ensures consistency between your Will, EPOA, and other planning documents. It also allows us to include additional protective clauses—for example, temporary guardianship for minor children or conflict-of-interest provisions between attorneys.
How Often Should You Review It?
Even if your circumstances haven’t changed drastically, it’s wise to review your EPOA every few years. While documents that are 10+ years old may still be valid, they can raise practical issues when presented to banks or healthcare providers.
If you have a simple family structure and nothing has changed, you might not need to update the EPOA but a quick check can offer peace of mind.
Need to Update Your Enduring Power of Attorney in 2026?
Whether you’re facing health changes, updating your broader estate plan, or simply want to ensure your documents reflect your wishes, now is a good time to review your Enduring Power of Attorney.
At Vicca Law, we offer tailored, Queensland-specific advice to make sure your documents do what they’re supposed to do. Protect you when you need it most.