Life is full of unexpected twists and turns and planning ahead is one of the most important steps you can take to protect yourself and your loved ones. An Enduring Power of Attorney (EPOA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you’re ever unable to do so.
At the Office of the Public Guardian (OPG), we encourage all Queenslanders to consider creating an EPOA as part of their future planning. It’s not just for older people—anyone over 18 can benefit from having an EPOA in place, ensuring your wishes are respected no matter what life brings.
We also strongly encourage anyone who has been appointed as an attorney under an EPOA to regularly refresh themselves on their responsibilities.
What is an Enduring Power of Attorney?
An EPOA gives you the ability to appoint someone (or multiple people) to make decisions about:
- Personal and health matters (e.g., medical treatment, living arrangements, or lifestyle decisions).
- Financial matters (e.g., managing your bank accounts, paying bills, or handling property transactions).
Unlike a general power of attorney, an EPOA continues to operate even if you lose the capacity to make decisions for yourself. This makes it an essential tool for safeguarding your future.
How do you get started?
Creating an EPOA is straightforward. You can download the EPOA form and complete it with the help of a trusted advisor, such as a solicitor or financial planner. Here’s what you need to get started:
- Enduring power of attorney - short form
- Enduring power of attorney - short form
- Enduring power of attorney fact sheet
- Enduring power of attorney explanatory guide
Before completing the form, think carefully about who you want to appoint as your attorney(s) and have a conversation with them. It’s important to choose someone who understands your values, is willing to take on the role and understands what they can and can’t do as your attorney.
What do attorneys need to know?
If you’ve been appointed as an attorney under an EPOA, it’s important to understand your responsibilities, and what you can and can’t do.
This includes making decisions that align with the person’s wishes, values and rights as much as possible. You also must follow Queensland’s laws, the General and Health Care Principles, ensure open communication and avoid conflict transactions.
It’s essential to understand the scope of your authority, including any limitations or conditions the person who nominated you as an attorney has outlined in their EPOA. In many cases, you’ll be required to start acting as an attorney when the adult loses decision-making ability but sometimes the EPOA will become active immediately – these details will be outlined on the EPOA document.
Refresh yourself on the responsibilities of an attorney to feel more comfortable and confident in your role.
Need more information?
If you’re unsure about how an EPOA works or need guidance on completing the form, we’re here to help. Visit enduring power of attorney and download the resources.
Planning for the future is one of the most empowering steps you can take. By creating an Enduring Power of Attorney, you’re ensuring that your voice is heard and your wishes are respected—no matter what.