Enduring Power of Attorney
Choose who can make decisions for you if you can't make them yourself.
An Enduring Power of Attorney allows you to appoint people you know and trust to make financial and personal decisions on your behalf if you lose the capacity to make those decisions yourself.
A carefully prepared estate plan considers what happens during your lifetime as well as after your death. An Enduring Power of Attorney helps protect you, your wishes, and the people who may need to support you if circumstances change unexpectedly.
At a Glance
✔ Operates during your lifetime
✔ Allows you to choose your decision makers
✔ Can cover financial and personal matters
✔ Helps avoid the need for a QCAT application
✔ Forms part of a complete estate plan
Protecting Your Future If You Can't Make Decisions Yourself
Many people think estate planning only deals with what happens after death. A complete estate plan also considers what happens if you are alive but unable to make decisions for yourself.
An Enduring Power of Attorney allows you to choose who you would like to make decisions on your behalf if you lose capacity due to illness, injury, accident, or other circumstances.
Without a valid Enduring Power of Attorney, your family members may not automatically have authority to access your accounts, manage your finances, or make important decisions for you.
Preparing an Enduring Power of Attorney gives you control over who steps in and provides guidance for the people supporting you.
Your family doesn't automatically have authority to make decisions for you
If you lose capacity without a valid Enduring Power of Attorney, someone may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your decision maker.
This process can take time and may create additional stress for your loved ones during an already difficult period. You and your loved ones have no control over the outcome.
Common Questions
What is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document that allows you to appoint one or more people to make decisions on your behalf if you are unable to make those decisions yourself.
The people you appoint are called your attorneys. They can make decisions about matters you authorise, such as financial matters and personal or health matters.
What decisions can an attorney make?
An attorney can make decisions about the matters included in your Enduring Power of Attorney.
These may include:
Financial matters
managing bank accounts
paying bills
managing investments
buying or selling property
dealing with government departments
Personal matters
where you live
support services you receive
personal care decisions
Health matters
healthcare treatment you do or don’t receive
who provides your healthcare
Can I appoint more than one attorney?
Yes.
You can appoint multiple attorneys and decide whether they must act together or whether they can make decisions separately.
The right approach depends on your circumstances, relationships, and the type of decisions you want them to make.
Does my spouse automatically become my decision maker?
No.
A spouse or partner does not automatically have legal authority to make decisions on your behalf if you lose capacity.
An Enduring Power of Attorney allows you to formally appoint the person or people you want to act for you.
What is the difference between an Enduring Power of Attorney and a Will?
A Will deals with what happens after your death.
An Enduring Power of Attorney operates during your lifetime and allows someone to make decisions for you if you cannot make them yourself.
Both documents form important parts of a complete estate plan.
When does an Enduring Power of Attorney start?
An Enduring Power of Attorney can operate at different times depending on the decisions you make when preparing the document.
For financial matters, you can choose when your attorney's authority begins.
For personal and health matters, your attorney's authority only begins if you lose capacity to make those decisions yourself.
Who should I appoint as my attorney?
Your attorney should be someone you trust completely.
Many people appoint a spouse, partner, adult child, sibling, or close friend.
The right person should be responsible, willing to act in your best interests, and able to make decisions that reflect your wishes and values.
What happens if I don't have an Enduring Power of Attorney?
If you lose capacity without an Enduring Power of Attorney, nobody automatically has authority to make financial or personal decisions for you.
A family member or another person may need to apply to QCAT to be appointed as your decision maker.
Having an Enduring Power of Attorney allows you to choose who you trust rather than leaving that decision to a tribunal process.
Can I change my Enduring Power of Attorney?
Yes.
You can revoke or replace your Enduring Power of Attorney while you still have the capacity to make that decision.
It is important to review your document if your relationships or circumstances change.
Do I need an Enduring Power of Attorney if I am young and healthy?
Yes.
An Enduring Power of Attorney is needed for all adults because unexpected events can happen at any stage of life.
An accident, illness, or injury could leave you unable to make decisions temporarily or permanently.
Preparing one while you have capacity allows you to choose who you trust and provides certainty for your loved ones.
Common Mistakes
Common Mistakes People Make With Enduring Powers of Attorney
Many people put off preparing an Enduring Power of Attorney because they believe it is only something older people need.
Common mistakes include:
assuming your spouse or family can automatically act for you
appointing someone without considering whether they are suitable
not updating the document after relationship changes
only thinking about death planning and ignoring lifetime protection
preparing a document without understanding the powers being given
A carefully prepared Enduring Power of Attorney ensures your wishes are considered and the right people are authorised to support you.
Why Choose Sun Wills & Estates?
Estate Planning That Protects You During Life and After Death
A complete estate plan considers more than what happens to your assets after you die.
It also prepares for unexpected situations where you may need someone else to step in and help make decisions for you.
At Sun Wills & Estates, we help Queensland families prepare estate plans that provide clarity, protection, and confidence for the future.
Our approach combines estate planning advice with practical guidance, so you understand your documents and feel confident about the decisions you are making.
Continue exploring our free resources
Download The Complete Testamentary Guardian Workbook to:
protect your children’s future
know the what, who, and why of testamentary guardians
questionnaire included to find the best match for your family
Download The Complete Estate Plan Guidebook to:
take the overwhelm out of estate planning
know what documents you need to protect yourself and your loved ones
appoint the best suited people to control positions
step-by-step guide to sort your estate plan
Meet Jacqui
DIRECTOR + LAWYER
Hi there! I’m Jacqui, the Founding Director of Sun Wills & Estates. Apart from being a lawyer, I’m also a mum to two beautiful boys...