It’s one of the most important legal arrangements you can make to protect your future, and it ensures that your wishes are respected even if your circumstances change.

In Queensland, an EPA covers two main areas: financial matters (like managing bank accounts or property) and personal or health matters (like where you live and the care you receive). The word “enduring” means the authority continues even after you lose decision-making capacity.

Why an enduring power of attorney matters

Life can change unexpectedly – through illness, accident or simply as we age. Having an EPA in place gives you peace of mind that, if you ever lose the ability to make decisions, someone you trust can step in to handle your affairs smoothly and legally.

Without an EPA, your family may have to apply to the Queensland Civil and Administrative Tribunal (QCAT) or the courts to gain authority to act for you. This can take time, cause stress and result in someone being appointed who might not reflect your wishes.

An EPA ensures that you decide who will make decisions for you, what powers they’ll have and when those powers start.

Choosing the right person

Selecting your attorney is one of the most important decisions you’ll make. This person (or people) will have significant responsibility, so it’s worth thinking carefully about who you trust most.

Here are a few things to consider:

• Trust and reliability: Choose someone who will act in your best interests, even when decisions are difficult.
• Capability: Your attorney should be organised and able to handle financial or personal matters confidently.
• Location: Ideally, they live nearby or can easily travel if needed.
• Values and understanding: They should respect your lifestyle, beliefs and preferences.
• Willingness: Always talk to your chosen person first to make sure they’re willing and understand what’s involved.

You can appoint more than one attorney. For example, one for financial matters and another for personal or health matters. Or you can nominate a backup in case your first choice can’t act.

What powers can you give your attorney

Your attorney’s authority depends on what you specify in your EPA. You can grant them powers over:

Financial matters, such as:

• Managing bank accounts and paying bills
• Buying or selling property
• Managing investments or running a business

Personal and health matters, such as:

• Where you live and who you live with
• Your daily care and lifestyle
• Decisions about your health care or medical treatment

Your attorney cannot make or change your will, consent to marriage or make special medical decisions such as organ donation.

How to create an EPA in Queensland

To make an EPA, you must be 18 or older and have full decision-making capacity, meaning you understand what the document means and its consequences.

Here’s what to do:

1. Choose your attorney or attorneys – someone you completely trust.
2. Decide what powers you’ll give them – financial, personal, or both.
3. Specify when their power begins – for financial matters, this can start immediately or only if you lose capacity. For personal matters, it usually begins once you lose capacity.
4. Complete the correct Queensland form – find them here.
5. Sign in front of an eligible witness – such as a Justice of the Peace, lawyer or commissioner for declarations.
6. Store the document safely and give copies to your attorney, your GP, and any key advisers.

If your EPA includes authority over property, you may also need to register it with the Queensland Titles Registry.

When an EPA takes effect and ends

For financial decisions your EPA can take effect immediately, on a specific date, or when you lose capacity – it’s up to you. For personal or health matters, it usually starts once you’re no longer able to make decisions yourself.

Your EPA ends when you die, if you revoke it while you still have capacity, or if a court or QCAT cancels it.

Common mistakes to avoid

Setting up an EPA is straightforward, but there are pitfalls that can cause problems later. Being aware of them now can save your loved ones stress in the future.

1. Not making one at all
Many people delay creating an EPA until it’s too late. Without one, families may have to go through lengthy legal processes to get decision-making authority.

2. Choosing the wrong person
Selecting someone who isn’t capable, available, or aligned with your wishes can create conflict or financial risk. Always choose carefully and have open discussions about your expectations.

3. Leaving your wishes vague
If you don’t specify what’s important to you (for example, where you’d prefer to live or what kind of medical treatment you’d accept) your attorney may have to make difficult decisions without guidance.

4. Not communicating with family
Even if you trust your attorney completely, keeping family members informed can prevent confusion or disputes later.

5. Forgetting to review it
Life changes. Relationships shift, health changes and finances evolve. Review your EPA every few years or after major life events to ensure it still reflects your situation.

6. Poor storage
An EPA has no effect if nobody can find it. Keep the original safe and make sure your attorney and a close family member know where it’s stored.

Taking the next step

An enduring power of attorney is about peace of mind – knowing that if life changes, your affairs are in trusted hands. The process is simple, but the impact is significant.

If you’re unsure where to begin, your GP, lawyer or trusted home care provider like Envigor can guide you through the steps and help ensure your wishes are properly recorded.