An enduring power of attorney (EPA) is a legal document that allows you to appoint someone you trust to make financial and legal decisions on your behalf in the event that you become incapacitated. In Queensland, EPAs are governed by the Powers of Attorney Act 1998.
To become an EPA, you must be over 18 years of age and have the capacity to understand the nature and effect of the document. The person you appoint as your attorney, also known as your “donee,” must also be over 18 years of age and have the capacity to understand the nature and effect of the document.
The process of creating an EPA in Queensland involves filling out a legal form and having it witnessed by a qualified person, such as a lawyer or justice of the peace. It is important to carefully consider your choice of attorney, as they will have significant power over your financial and legal affairs. You can also specify any limitations or conditions on the attorney’s powers in the EPA document.
Once the EPA is in place, it will only come into effect if you become incapacitated. This means that your attorney can only make decisions on your behalf if a medical practitioner confirms that you are unable to do so yourself.
It is important to note that an EPA does not give your attorney the power to make decisions about your personal care, such as your medical treatment or living arrangements. To appoint someone to make these types of decisions, you will need to create a separate document called an “advance health directive.”
Overall, creating an EPA in Queensland is a way for individuals to ensure that their financial and legal affairs will be taken care of in the event that they become incapacitated. It is a legal document that is important to have, and it is important to appoint an attorney you trust to make financial and legal decisions on your behalf.
Contact Legalease Lawyers today to discuss how we can prepare your Enduring Power of Attorney.
