What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPOA) is one of the most important legal documents you can put in place as part of your estate plan. In Queensland, an EPOA allows you to appoint someone to make decisions on your behalf if you are no longer able to make those decisions yourself due to illness, accident, or incapacity.
It’s a forward-thinking step that ensures someone you trust can step in to manage your health and financial affairs when you need support most.
What does an Enduring Power of Attorney do?
An Enduring Power of Attorney allows you to legally nominate one or more attorneys to make decisions in two main areas of your life:
Personal (including health) matters
Financial matters
These powers can take effect in different circumstances depending on your instructions.
For personal matters—including health decisions—your attorney can only act if you are deemed to have lost capacity. This usually means a medical practitioner has assessed that you are no longer able to make informed decisions for yourself.
For financial matters, you have two options. You can allow your attorney to act:
Immediately (which can be helpful for older individuals or those needing day-to-day help), or
Only if and when you become incapacitated (preferred by many to safeguard against misuse)
Appointing your attorneys
To be eligible, your attorneys must be over the age of 18. You can choose:
A single attorney
Multiple attorneys to act jointly (together), severally (independently), or by majority
Successive attorneys, who step in if your primary attorney is unavailable
Most clients appoint their spouse first, followed by their adult children jointly, but this structure can be completely tailored to your personal circumstances. For example, you may prefer one person to manage your finances while another makes your health decisions.
Customising the document for your needs
While the standard Enduring Power of Attorney form is available online through the Queensland Government website, working with a solicitor allows you to tailor the document to your situation.
At Vicca Law, we include additional clauses that can significantly enhance the effectiveness and protection offered by the EPOA. These include:
Clauses for minor conflict transactions (especially when your attorney is your spouse)
Provisions for digital assets
Temporary guardianship clauses
Clarity around the commencement of the financial power (typically linked to incapacity)
Superannuation beneficiary updates
Why it’s more important than ever
We are seeing increasing rates of incapacity due to dementia and other cognitive conditions. At the same time, modern financial systems—such as online banking, digital property transactions, and superannuation management—are becoming more complex.
An EPOA gives you peace of mind that someone can step in and manage your affairs efficiently, without needing to go through time-consuming and costly tribunal processes.
Understanding the law across state borders
Enduring Power of Attorney laws differ from state to state. Queensland has its own legislation, and while other states will often recognise a Queensland EPOA under reciprocal arrangements, it’s important to seek advice—particularly if you live near a border or spend time in more than one state. In some situations, it may be advisable to have separate documents for each relevant jurisdiction.
Can an Enduring Power of Attorney be changed or revoked?
Yes. One of the most misunderstood aspects of an EPOA is that it can be revoked at any time while you still have capacity. If you're unhappy with who you’ve appointed or your circumstances change, you can make a new one and revoke the old version.
Even if someone has lost capacity, concerns about the attorney’s behaviour can be addressed by applying to the Queensland Civil and Administrative Tribunal (QCAT), which has the power to remove attorneys who are not acting in the principal’s best interests.
A vital part of your estate plan
While an Enduring Power of Attorney is not a Will, it works alongside your Will ato provide a complete legal framework for your affairs, both while you're alive and after you're gone.
Many people underestimate its importance—until it’s too late.
If you’d like to create or review your Enduring Power of Attorney in Queensland, you can book a free consultation - I’m here to help you create a plan that gives you and your family peace of mind.