EPOA & POA

 

 

Enduring Power of Attorney (EPOA) 

An Attorney (Enduring Power of Attorney) makes decisions for you on your behalf while you are still ALIVE.

Your Enduring Power of Attorney appoints your Attorney (a relative or other trusted person) to make health decisions for you in the event that you have lost capacity to do this yourself, and for financial decisions if you choose to appoint them, either to take effect immediately or only in the event that you lose mental capacity. Having an Attorney appointed will mean that in the event you lose mental capacity, your spouse or family member will not have to apply to the Queensland Civil and Administrative Tribunal to be appointed your Guardian and Administrator in order to make these decisions on your behalf.

 

  • You should appoint someone you trust implicitly to be your Attorney. This might be your spouse, parent, sibling or close friend.

  • You decide if your Attorney can make financial decisions for you and under what circumstances

  • Your Attorney makes health decisions for you ONLY in the event you have lost mental capacity

  • An Enduring Power of Attorney document will need to be registered with Department of Natural Resources, Mines and Energy (Titles Office) before the Attorney can deal with any of your real property

  • Your Attorney’s power ENDS when you die

  • You must have capacity at the time of appointing an Attorney – many leave it too late. If you have had an accident and acquire a brain injury for example, who would you want making decisions on your behalf?

  • If you have an accident and lose mental capacity, your appointed EPOA will be able to talk to your doctor on your behalf, and operate your bank account (if appointed to do so) on your behalf

  • NB Your family or spouse CANNOT automatically step-in for you.

  • You can revoke your EPOA at any time as long as you still have mental capacity to do so. 

Advance Health Directive (AHD) 

Your Advance Health Directive specifies the treatment that you direct to take place (or not to take place) in the event that you are in an end of life medical situation as a result of an illness or injury.  Having this directive in place alleviates your family members having to make these choices and also having them apply to the Queensland Civil and Administrative Tribunal to be appointed as your Guardian to act on your behalf. An Advance Health Directive overrides any power given under your Enduring Power of Attorney.

 

  • An Advance Health Directive provides your relatives with the details of your specific choices in relation to your health care in critical circumstances

  • Within this AHD document, you can also appoint an Attorney for health decisions

  • The specific directives in this document overrides any authority given to your Attorney under an EPOA.

  • A General Practitioner will need explain all of the terms in the AHD to ensure that you understand them all

  • Your EPOA will not have to make these decisions for you, as you have expressly made your directives as to what is to happen to you in certain situations

  • Your EPOA may be feeling emotional and unable to clearly make decisions for you. Having the AHD in place clarifies your directions.

  • Your directions are strictly followed by your Doctors

  • This document can be registered on the ehealth/My Health register

  • This document can be revoked at any time as long as you have mental capacity to do this.

What Happens Next? 

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Disclaimer:  The information provided on this website is provided as general information only.  It is not intended to provide legal advice and therefore should not be relied upon.