A POA is a legal document where you (the principal) authorise another adult to act on your behalf in your affairs. This person is known as your "attorney". This Australian term should not be confused with the American term "attorney" which basically means "solicitor".

The authority you give to your attorney can be general or specific, depending on your needs.

What is an Enduring Power of Attorney (POA)?

In Queensland, the Powers of Attorney Act 1998 allows Queenslanders to nominate attorney to act on their behalf with regards to financial and certain health matters.

An Enduring POA for financial matters comes into effect on the date or event (eg incapacity) you elect and continues to operate even when you lose capacity to make decisions. Your attorney can deal with your financial affairs at the same time as yourself unless you specify otherwise. For personal and health matters, your Power of Attorney comes into effect on the date of incapacity.

Advantages of having an attorney

Knowing that you have a properly appointed attorney can give you peace of mind when you :

• go interstate or overseas for an extended period of time;
• suffer poor physical and / or mental health; or
• reach an age when you anticipate you will need greater assistance.

Appointing a POA

Your appointed attorney must be an adult (at least 18 years old). It is important to choose someone you trust who is capable of looking after your affairs – this may be a relative or a friend. Depending on the circumstances, you may wish to appoint more than one attorney.

Read on about Powers of Attorney.

Find-a-Lawyer experienced in Wills & Estates.

Read about Power of Attorney Legal Kits.

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