Enduring Power of Attorney (QLD)

People don’t like talking about losing capacity. Fair enough.

It feels gloomy. It feels like tempting fate. And honestly, it’s one of those topics everyone plans to deal with “later”… right after the will, right after the holiday, right after the busy period at work.

Then something happens. A stroke. A fall. A car accident. Dementia creeping in slowly. And suddenly the family is trying to manage bills, health decisions, Centrelink, banking, aged care, maybe even selling a property—without the legal authority to do it.

That’s where an Enduring Power of Attorney (EPOA) comes in. It’s not flashy. It’s not something to brag about at a barbecue. But when it’s needed, it’s really needed. Done properly, it can be the difference between a smooth handover… and months of stress, delays, and “sorry, we can’t speak to you about that” from banks and service providers.

This is Queensland-only, kept simple on purpose. What an EPOA does, what it doesn’t, who makes a decent attorney, when it actually “switches on”… and the bits that trip families up when they’re already stressed.

Last updated: 3 February 2026

First: what an EPOA actually is

An EPOA is the legal permission slip that lets someone else step in if capacity drops away.

The person signing it is the principal. The person being appointed is the attorney. If the principal can’t make decisions properly anymore—temporarily or long-term—the attorney can handle things within the limits of the document and the law.

Sounds formal. In real life it’s just: “If something happens, this is who can help.”

And no, it’s not only for older people. That’s the common misconception. Capacity can be lost at any age.

Why people get caught without one (and why it’s a headache)

Here’s the bit families don’t realise until they’re in it:

If capacity is lost and there’s no EPOA in place, important decisions can end up needing to go through public authorities or the tribunal/courts. That can mean delays, extra paperwork, and someone outside the family having oversight or making calls.

Sometimes that’s necessary. Sometimes it’s the safest outcome. But if the person had preferences—who they trusted, what they wanted protected, what they didn’t want sold—an EPOA is how that gets set up while they still have capacity.

So the main benefit is simple: control and continuity.

What an attorney can do under an EPOA

This is where people either underestimate it (“it’s just for banking”) or overestimate it (“they can do anything they want”).

It sits in the middle.

In Queensland, an EPOA can cover:

Financial matters

An attorney for financial matters may be able to do things like:

• pay bills and manage accounts
• prepare tax returns
• manage investments
• deal with property
• handle day-to-day admin that keeps life running

Personal and health matters

An attorney for personal matters (including health care) can make decisions such as:

• where the principal lives and with whom
• health care decisions where the law allows, which can include consenting to treatment in appropriate circumstances

Worth noting: the scope depends on what’s written in the document and what the law allows.

And yes—limits can be built in.

“Can the attorney sell the house?” Sometimes, unless you restrict it

This always surprises people.

Many assume signing an EPOA automatically gives the attorney power to sell the family home. That can be true in the right circumstances, but the document can also be drafted to restrict that power or set conditions.

For example, the EPOA might:

• prevent sale of a particular asset (like the family home)
• require consultation with certain family members
• appoint more than one attorney so decisions have a check and balance

There’s no one-size-fits-all. Some people want maximum flexibility. Others want guardrails. Both approaches can be sensible, depending on the family dynamics and the asset mix.

The responsibilities of an attorney (it’s not a free-for-all)

Being an attorney isn’t an honour badge. It’s a duty.

The source highlights responsibilities that typically include:

• keeping accurate records of transactions
• keeping the principal’s property separate from the attorney’s
• getting professional financial/tax advice where significant assets or complex arrangements exist
• protecting confidential information unless authorised to disclose it

So if someone’s thinking, “This sounds like a lot of admin”… yep. It is. That’s why the choice of attorney matters so much.

Who should be chosen as attorney? The “trust + competence” test

Most people start with: “Who do you trust?”

Good start. Not enough on its own.

The better test is: trust + competence + availability.

A suitable attorney is often:

• a responsible family member
• a close friend
• or a trusted long-term professional—think a long-time accountant, financial adviser, or solicitor—someone who’s steady, organised, and not going to vanish when forms need signing

But it shouldn’t be someone who’s:

• under 18
• a paid carer/health provider/residential service provider for the principal
• bankrupt (for financial matters), or using bankruptcy laws in a way that makes appointment unsuitable

Also worth noting: choosing an attorney can be awkward in blended families. Or families with long-running tension. Or where one sibling is great with money and another is… not.

That’s where appointing two attorneys (with clear rules about acting jointly or separately) can help reduce risk and reduce family blow-ups later.

When does an EPOA start?

This is one of those “depends what it covers” areas.

In general terms:

• Personal and health matters: the power usually starts only when capacity is lost for those decisions.
• Financial matters: the principal can choose when it starts. If the document doesn’t specify a start point, it can be effective immediately after valid signing (meaning the attorney may have power straight away).

Queensland also uses approved EPOA forms and specific witnessing steps (including a witness certificate), so getting the execution right matters more than people expect.

That “immediately” point makes some people nervous. It shouldn’t if the attorney is the right person—because it can be useful for practical support even while capacity is intact. But if there’s any trust concern, the start conditions should be drafted carefully.

And yes, third parties (like banks) may ask for evidence of impaired capacity if the attorney is acting on the basis that capacity is impaired—medical certificates come up often.

What if someone misuses an EPOA?

This is the uncomfortable question people avoid… until it happens.

If someone is worried an attorney is overstepping, acting improperly, or the principal’s capacity is disputed, applications can be made to bodies like QCAT or the Supreme Court for declarations about capacity and whether the attorney’s power has commenced (as the source notes).

That’s the formal “circuit breaker” option. It exists for a reason.

Pro tip: even with the best intentions, stuff goes sideways. People misread what they’re allowed to do. Siblings disagree. Someone thinks they’re “helping” and accidentally makes a mess.

Keeping decent records, keeping communication calm, and having an EPOA that matches the principal’s real wishes (not what everyone thinks the wishes are) prevents a lot of that.

So what does this mean for you?

If an EPOA is already on the mental list—“should probably sort that out one day”—that’s usually the sign it’s time.

Because once capacity is gone, it’s not a quick signing appointment. It becomes a process.

A good EPOA usually answers:

• who is trusted to act
• what they can do
• what they can’t do
• when their power starts
• who should be consulted

…and what records need to be kept.

Because when families fall out (and yeah, it happens), it’s almost never about the paperwork that exists. It’s about the paperwork that doesn’t. Clear records keep things calm. Or at least calmer.

That’s the real win here: fewer grey areas.

And if life’s a bit layered—more than one property, a business, a blended family, money offshore, kids on different pages—this is not the moment for a rushed DIY job between school pickup and footy training. Better to consult experienced legal professionals so the EPOA matches how things actually work in the family, not how someone hopes they work.

FAQ: questions people actually ask about EPOAs

Is an EPOA only for older people?

No. Capacity can be lost at any age due to accident or illness. Age just makes the risk more common.

Can more than one attorney be appointed?

Yes. Two or more can be appointed. The document can also spell out how they’re meant to operate—together on all decisions, or separately, or together for big decisions and separately for day-to-day stuff.

Can the attorney make health decisions?

An EPOA can include personal and health matters, but the power generally only starts when the principal can’t make those decisions themselves.

Does an EPOA let someone control your money immediately?

Financial power can be set to start immediately or only on loss of capacity, depending on how the EPOA is drafted. If it’s silent, it may start immediately once properly executed.

What if a bank refuses to deal with the attorney?

Banks and other institutions often have their own processes and may ask for proof the EPOA is valid and, in some cases, evidence about capacity. If there’s resistance, legal advice can help navigate the requirements.

What happens if there’s a dispute about capacity or misuse?

Applications can be made to QCAT or the Supreme Court to seek declarations about capacity and whether the attorney’s power has commenced (as described).

Neutral next step

Pick the right attorney, think about sensible restrictions, and get the document properly prepared and signed while capacity is clear. That’s the simplest way to protect future-you (and everyone who’ll be trying to help).

And if the matter isn’t straightforward, it can help to consult experienced legal professionals early, rather than trying to “patch” an EPOA later when stress levels are already high.

Legal disclaimer

This article is general information only and does not constitute legal advice. It does not take into account individual circumstances. For advice about your situation, obtain advice from a qualified Australian lawyer.