What You Need to Know About Enduring Powers of Attorney

The Enduring Power of Attorney document is in a standard form drafted by the Queensland Government. It allows a person (the Principal) to appoint someone they trust (the Attorney) to manage their financial and personal health care matters. It was initially drafted so family members could access money to pay the gap fee charged in private hospitals. You can use this document in all states of Australia for Financial and Personal Health Care matters.

Its regulated in Queensland by the Trusts Act 1973. This Act has been amended and the new Trusts Act received Royal Assent on the 19th May 2025 and is yet to be proclaimed.

The Trustees duties remain largely unchanged:

1. To act honestly and in good faith;
2. Exercise diligence and skill that a prudent person of business would exercise in managing the affairs of another person;
3. Keep accurate records for at least three (3) years after termination of the trust;
4. Allow beneficiaires to inspect records upon request.

In the new Act the Trustees powers have been modernised and they gain the powers of an “absolute owner” enabling seamless asset management, sales, leasing and development. Most of those powers do not apply to the majority of the population.

The Enduring Power of Attorney most common uses:

1. To sign the residential documents for a parent in aged care (nursing home);
2. To sell property interests of a parent to pay for the Refundable Accommodation Deposit in aged care (RAD);
3. Access a parents’ bank account to pay their living expenses;
4. Access their bank account to pay the gap fee in private hospitals.

Only a person who has mental capacity can give an Attorney Power. This has to be done before your parent loses capacity. If the principal appears to have lost capacity you need a letter from their treating doctor or a geriatrician stating they have capacity to sign an Enduring Power of Attorney or their Will.

It is problematic if you wait until a parent has lost capacity. It will require an Application to QCAT to be appointed as Attorney.

If your parents are in their 70s or older, now is the time to ensure they have a valid Enduring Power of Attorney and a Will in place. Contact Williamson & Associates today.