The Enduring Power of Attorney

At last the control of your own life is in your own hands. The Powers of Attorney Act 1998 is a quantum leap forward.

The Property Law Act 1974 introduced Enduring Powers of Attorney in 1992 but they were of limited effect - financial matters only.

The new Act makes provision for financial matters but as well now also personal and health matters and allows you to give specific instructions which will significantly assist your Attorney. You can specify terms - both positive and negative. Most would appoint an Attorney who was very well known to him/her and who would be quite familiar with your likes and dislikes, the preferences or not, the "dos and don'ts". It may be entirely unnecessary to have a list of "Please do this" or "Please don't do that" and let's face it the list could be endless. But if you are anxious about something and want to make absolutely sure, then prepare a list.

As regards financial matters you can specify a commencement date, ie immediately or or some future date or some specific occasion, eg only upon losing mental capacity to be able to manage financial affairs.

In relation to personal and health matters the power only becomes effective when you lose mental capacity. This includes not only when accidental brain injury or disease affecting the brain occurs, but even unconsciousness and when anaethestised. Personal matters include all sorts of things you do for yourself on a day by day basis - to take an extreme example: which side you part your hair on; or an ordinary example: Christmas gifts. Even your diet may be important to you.

Sometimes the Power will necessitate both functions, eg giving gifts is firstly a personal decision and then if so the value of the gift is a financial decision. Health matters include everything except life/death issues, which is the purpose of another power - the Advanced Health Directive. Therefore it includes the selection of your medical provider and authorising medical treatment.

Without an Enduring Power of Attorney your financial affairs are placed in the hands of the Public Trustee of Queensland and your personal and health matters are placed in the hands of your next of kin or if none exist an empowered Public Servant.

Remember you don't have a crystal ball, don't delay, don't allow the problem. Consult me now about making an Enduring Power of Attorney.