Enduring power of attorney
Choose who makes decisions for you if you cannot.
An enduring power of attorney (EPA) lets you appoint people you trust to make financial, personal and health decisions for you. Unlike an ordinary power of attorney, it keeps working if you lose capacity. Without one, your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) before anyone can act.
One or more people over 18 who are reliable and good with money. Think about who would actually be available when needed.
Jointly, severally, by majority, or one after another as substitutes. Each option has pros and cons in practice.
Paying bills, banking, investments, tax and property. To sell or mortgage land, the EPA must be registered with Titles Queensland.
Where you live, who you see, everyday care and health care. These powers only begin if you have impaired capacity.
Immediately, from a set date, or only when you lose capacity. Starting immediately can help with a planned absence or illness.
You can limit powers, give directions, or require your attorneys to report to someone else.
Your attorney’s duties
- Act honestly, with reasonable diligence and in your interests
- Keep your money and property separate from theirs
- Keep accurate records and accounts
- Avoid conflict transactions unless you authorise them
- Consult you and respect your views where possible
Without an EPA
- Banks and others may refuse to deal with your family
- A family member may need to apply to QCAT to be appointed
- The Public Trustee or Public Guardian may be appointed
- Delays and costs at a stressful time
- Decisions made by people you may not have chosen
- Signing when capacity is already in doubt
- Choosing an attorney who later misuses money
- Attorneys who cannot agree
- No substitute if the attorney dies or cannot act
- Using an old form, or one from another state
- Not registered when land needs to be sold
- Attorney funds mixed with the principal’s
- Family members not told who has been appointed
How we help — our difference
We explain each choice in plain English, check that the document fits how your family actually works, and witness it properly. Your matter is handled personally by an experienced solicitor.
- Enduring powers of attorney prepared and witnessed
- Advice for attorneys on their duties
- Registration with Titles Queensland when land is involved
- Prepared together with your will and advance health directive
Talk to us about your power of attorney
A short first phone call is free. Detailed advice on your situation is given at a paid consultation, by appointment.
General information only, current as at October 2026 — not legal advice for your situation. Laws, fees and duty rates change, so we confirm the current position before advising you. Official information: Office of the Public Guardian (Qld).