Enduring Powers of Attorney

Do I Really Need an Enduring Power of Attorney?

It’s a common question I’m asked: “Do I really need an enduring power of attorney?”

The short answer is: if you want to choose who makes decisions for you if something unexpected happens, the answer is yes.

What is an Enduring Power of Attorney?

An enduring power of attorney is a legal document where you appoint someone you trust to make decisions on your behalf. These decisions can relate to:

• Financial matters – paying bills, managing bank accounts, handling investments, or dealing with property.

• Personal and health matters – deciding where you live, what services you receive, and medical treatment if you can’t speak for yourself.

Unlike a general power of attorney, an enduring power of attorney “endures” – it continues to operate even if you lose the capacity to make decisions yourself.

Why is it important?

Many people assume their spouse, partner, or children can automatically step in if they can’t make decisions. In reality, the law doesn’t work that way. Without an enduring power of attorney, loved ones may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your administrator or guardian. That process can be:

• Time-consuming,

• Expensive, and

• Stressful – especially in already difficult circumstances.

The other reality is this: by the time an enduring power of attorney is actually needed, you may be unable to communicate your wishes. If you’ve had a serious accident, suffered a stroke, or developed a condition that affects your memory or reasoning, it will be too late to put one in place. That’s why it’s so important to prepare one while you can.

When should I make one?

The best time is now, while you’re well and capable. None of us know when an accident, illness, or even something as simple as a fall could suddenly change things. An enduring power of attorney is like an insurance policy: you hope you won’t need it, but you’ll be relieved it’s there if you do.

Who should I appoint?

Choosing your attorney is one of the most important decisions you’ll make. It should be someone you trust completely – someone who understands your values and will act in your best interests. Many people appoint a spouse, adult child, or close friend, but sometimes a professional is the better option.

Final thoughts

You don’t have to have an enduring power of attorney. But without one, you leave your family without clear authority to help you if you can’t act for yourself. By putting one in place, you’re making things easier for them – and protecting your future at the very moment you may need it most.

Undecided if an enduring power of attorney is right for you? Contact us for a confidential discussion today.