Enduring Powers of Attorney

Nextgen.Law | Enduring Power of Attorney Brisbane

What is an enduring power of attorney?

An enduring power of attorney allows you to appoint someone you trust to make decisions on your behalf while you are alive, if you no longer have capacity. An enduring power of attorney must be appointed while you have capacity but usually takes effect once you lose capacity. 

Some people think that having an executor in their Will means that they also have a power of attorney, however, that is not the case. The role of an executor only comes into play after you pass away, not while you are alive.

Enduring Power of Attorney Vs. Advance Health Directive

On another note, an enduring power of attorney is also different to an advance health directive because an enduring power of attorney allows someone to make decisions for you, while an advance health directive is a document that allows you to pre-determine what will happen if certain medical situations occur.

Your Power of Attorney does not automatically fall to your spouse or next of kin, and when an Enduring Power of Attorney is not in place, we often see strong disagreements between families on how their loved one should be cared for.   Further it may fall to the Public Trustee to act, or for formal application(s) to be made to QCAT.

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