Enduring Powers of Attorney
John Gallagher from Argon Law discuses Enduring Powers of Attorney in QLD. Ill health or other unexpected events can render an individual either temporarily or permanently incapable of understanding the nature or affects of their actions or to make certain choices for themselves in the eyes of the law. An enduring power of Attorney allows an individual to authorise others to act on their behalf after they have lost legal capacity. John discusses how to go about acquiring an Enduring Power of Attorney and the risks involved.
Always ensure you seek professional advice for your specific circumstances, the above is intended to be general in nature.
At any stage of our lives ill health or other unexpected events can render us either temporarily or permanently incapable of understanding the nature and effect of our actions or to make certain choices for ourselves in the eyes of the law.
If we have put in place an Enduring Power of Attorney before we lose such legal capacity, then we can authorise others to do some of these things for us after our capacity has been lost.
Unlike a general power of attorney, an enduring power of attorney remains valid after the maker has lost legal capacity.
Enduring Powers of Attorney in Queensland are documents which must follow a specified form and enable the maker to authorise the attorney or attorneys they appoint to make decisions on their behalf about both financial and personal or health related matters.
Personal or health related matters include such things as medical treatment, where you live, who you see and even what you eat. Decisions about these things can only be made for you after you have lost capacity.
Financial matters include such things as the payment of your bills and how your assets or income should be invested, spent or even sold. You can specify in the document when the power to make decisions about financial matters commences, so it can commence either before you lose capacity or only once you have lost capacity.
There are many other things you should know about enduring powers of attorney before you sign one.
If you have any queries about enduring powers of attorney, wills or estate planning then please contact us on 07 5443 9988 or[email protected].
Argon Law is a Sunshine Coast law firm based in Maroochydore. We are commercial lawyers and property lawyers and are eager to assist you in any way we can.
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