Changes to Making an Enduring Power of Attorney in Queensland: What You Really Need to Know

So, what’s all this fuss about powers of attorney?

Alright, let’s start at the beginning. You’ve probably heard of an enduring power of attorney (EPOA), right? But here’s the thing—lot of people confuse it with just some legal form you sign because someone told you to. Nah, it’s more than that. Basically, it’s giving someone you trust the legal power to make decisions for you if, well… life throws a curveball.

And, honestly, most people don’t even realise the rules have changed in Queensland. It’s not just paperwork—there are stricter requirements now. Bit of a headache? Sure. But also, it’s meant to protect you.

Think about it: you might feel sharp, healthy, and independent right now. But accidents happen, illnesses strike, and suddenly someone needs to step in and manage your finances, your health decisions, maybe even property matters. Without an up-to-date EPOA, that can get messy—fast.

What exactly has changed?

Queensland recently updated the rules around making an EPOA, and the shifts are mostly about clarity and protection.

First, the witness rules got stricter. No more asking your mate from the footy club to watch you sign while you’re chatting over a beer. Witnesses now have to be authorised—like a lawyer, justice of the peace, or commissioner for declarations. It’s designed to stop situations where someone might pressure or mislead you into signing.

Another tweak: the law now expects you to genuinely understand what powers you’re handing over. Can’t just nod, mumble “yeah, sure,” and scribble your name. The form itself has been updated too, and using an old version might make your EPOA invalid. Fair dinkum, this has tripped up more than a few people who assumed “it’s just paperwork.”

Here’s the thing: these changes aren’t red tape for the sake of it. They’re about protecting you, your money, your property, and your health decisions.

Why this actually matters

Let’s get real. Imagine someone in your family suddenly can’t manage their finances because of an accident or illness. If there’s a valid EPOA, bills get paid, decisions get made, life keeps ticking along.

Without one? Brace yourself. Courts might need to step in. Weeks of stress, legal fees mounting, family arguing over who gets to do what—it happens more often than people think.

Pro tip: keep a copy of your EPOA somewhere safe, and let your attorney know exactly where it is. Maybe one at home, one with your lawyer, one with a trusted family member. Saves chaos later.

Common misconceptions (and yes, there are plenty)

• “It’s just about money.” Nope. EPOAs can cover health decisions, property, superannuation, living arrangements… you name it.

• “I need a lawyer to do this.” Not technically, but skipping professional advice can lead to errors that cost heaps down the track. Courts do get involved if something goes wrong.

• “Once it’s signed, it can’t be changed.” Actually, you can revoke or update it if you’re still capable. Just follow the proper procedure—don’t just rip it up.

• “Marriage automatically gives my spouse power.” Nope. Not unless you formally make it happen.

• “Old forms are fine.” Wrong again. Queensland has updated forms now. Using outdated ones can invalidate your EPOA.

Lot of people assume a signature alone makes it valid. Not anymore. Queensland is serious now.

Picking the right person

Choosing your attorney is probably the hardest part. You want someone you trust implicitly. Often that’s a family member, a close friend, or a professional you know is reliable. You can appoint more than one person, or even split responsibilities: finances with one, health with another. Sounds fancy, but really it’s just about checks and balances.

Side note: your attorney must understand what they’re agreeing to. Not just “yeah, sure, I’ll do it.” It’s a responsibility, not a favour. And if they don’t want to take it on, they can formally decline. Better to sort that out before any drama starts.

Practical steps to get it right

1. Decide who you trust. Take your time—this isn’t something to rush.

2. Grab the correct form. Queensland’s official updated version. Don’t use old forms.

3. Choose authorised witnesses. Must meet legal requirements.

4. Sign properly in front of witnesses. No shortcuts.

5. Keep copies safe and share them. Make sure your attorney knows where they are.

6. Review regularly. Circumstances change—people move, relationships shift, or someone becomes unable or unwilling to act.

Skipping steps might not seem like a big deal now, but it can blow up later.

Real-life examples

Imagine a retired couple. Husband falls ill, and suddenly the wife needs to handle everything. They didn’t update their EPOA under the new rules. Court gets involved. Weeks of stress. Fees stacking up. Emotional toll? Huge.

Compare that to a family who updated theirs properly: decisions made quickly, bills paid, no court drama. Big difference, right?

Another example: a small business owner overseas owns property in Queensland. Without an up-to-date EPOA, managing it remotely becomes a legal nightmare. Updating and appointing an attorney ensures property decisions can happen smoothly—no phone tag or international court hassles.

Think of an EPOA like insurance. You hope you never need it, but if you do, you’ll be glad it exists.

FAQ: people actually ask these things

Q: Can I change my EPOA later? A: Yes, if you have capacity. Follow the legal revocation or amendment process.

Q: Can my attorney refuse to act? A: Yep. They must formally decline. Better to sort this before it’s needed.

Q: What if I don’t have an EPOA? A: Courts might appoint a guardian or administrator. Legal, yes, but stressful and slow. Family relationships can suffer too.

Q: Do I need a lawyer? A: Not strictly, but professional advice helps avoid mistakes. Someone familiar with EPOAs is ideal.

Q: How can I ensure my attorney acts in my best interests? A: Include conditions or instructions. And you can replace them later if needed.

Q: What about property interstate? A: Queensland rules apply here, but if you own property elsewhere, you might need additional advice.

Q: How often should I review my EPOA? A: Ideally every few years or after major life changes—marriage, divorce, children, moving interstate. Even small shifts can matter.

Bottom line

Enduring powers of attorney are powerful, but only if done right. The recent changes in Queensland aren’t just bureaucracy—they’re about clarity, safety, and making sure your wishes are respected.

So, if you haven’t reviewed yours, or you’re thinking of making one, don’t leave it to chance. Getting proper advice from a solicitor familiar with EPOAs, like South Geldard Lawyers, can save heaps of stress, money, and heartache down the track.

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Disclaimer: This article is for general information only and does not constitute legal advice. Always consult a qualified lawyer for advice about your specific situation.

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