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Advice & Articles

Enduring Power of Attorney in Queensland: The Crucial Document Most People Overlook in their Estate Plan

  • Published: 30 July 2025
  • Last Updated: 19 December 2025
When planning for the future, most people focus on creating a Will. But there’s another essential document that’s often forgotten an Enduring Power of Attorney (EPOA). In Queensland, failing to have an EPOA in place can leave your family with legal headaches and your affairs in disarray if you lose capacity.

What Is an Enduring Power of Attorney (EPOA)?

An Enduring Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so yourself.

In Queensland, an EPOA can cover:

  • Financial decisions – such as managing bank accounts, paying bills, or selling property,
  • Personal and health decisions – including medical treatment and where you live.

Unlike a Will, which only takes effect after you pass away, an EPOA protects you during your lifetime.

Learn more about our Wills & Estates services in Queensland

 


Why Do So Many Queenslanders Ignore It?

Many people believe:

  • They’re too young or healthy to need an EPOA,
  • Their partner or family can automatically step in if needed,
  • They can sort it out “later”.

 

But life is unpredictable. Without a valid EPOA:

  • Your loved ones may have to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be legally appointed,
  • You risk having someone you wouldn’t have chosen making critical decisions for you,
  • The delay and cost of legal intervention adds unnecessary stress during an already difficult time.

 


Real-Life Scenarios Where an EPOA Is Vital

An Enduring Power of Attorney is essential in many situations, including:

  • A medical emergency, stroke, or accident leaves you unconscious or incapacitated,
  • You’re diagnosed with a degenerative condition like dementia or Alzheimer’s,
  • You’re travelling overseas or living abroad long-term,
  • You want to ensure someone you trust can manage your business or property if you’re unable to.

 


A Will Alone Isn’t Enough

Many people think a Will is enough to protect their affairs, but this only takes effect after you pass away. To be fully prepared, you need both a Will and an Enduring Power of Attorney.

Read: Why You Need a Will and EPOA Together

 


Take Control With Help From Our Queensland Estate Planning Lawyers

At Bennett Carroll Solicitors, we draft tailored Enduring Powers of Attorney for clients across Queensland. Whether you’re in Brisbane, the Gold Coast, Sunshine Coast or across Queensland, we make the process simple and secure.

We offer:

  • Queensland-wide service with remote appointments available by phone, email or video
  • Offices in Brisbane, Stafford, Upper Mount Gravatt, Kawana, Ipswich, and Mermaid Beach

 

Call 1300 334 566
Email info@bcglaw.com.au
Contact us online
View our full Wills & Estates service page


Related Reading

  • Why You Need a Will and Enduring Power of Attorney (EPOA) Together
  • Free Queensland Estate Planning Checklist
  • Learn more about Enduring Powers of Attorney in Queensland via the Office of the Public Guardian.

 

Enduring Power of Attorney (EPOA) Queensland – Crucial Estate Planning for 2026 The Description: Secure your future with an Enduring Power of Attorney (EPOA) in Queensland, the essential legal document often overlooked in standard estate planning. Unlike a General Power of Attorney, an EPOA "endures" beyond your loss of decision-making capacity, ensuring that a trusted attorney can manage your financial matters, personal care, and health decisions according to your wishes. Without a valid EPOA Form 2 (Short Form) or Form 3 (Long Form), your family may be forced into costly and stressful proceedings at the Queensland Civil and Administrative Tribunal (QCAT) to appoint a guardian or administrator. This comprehensive guide from Bennett Carroll Solicitors explores the vital role of the Powers of Attorney Act 1998 (QLD), the difference between immediate financial authority versus capacity-triggered powers, and how to choose an attorney who understands your values. Whether you are navigating dementia planning, protecting property assets in Brisbane, or ensuring your Advance Health Directive is supported, a professionally drafted EPOA is your ultimate safeguard against elder abuse and legal uncertainty. Don't leave your legal health to chance—learn why every adult over 18 in the Gold Coast, Sunshine Coast, and across Queensland needs this rock-solid protection as part of their succession planning.

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Planning a move into a retirement village in Queensland can be a complex process, with many legal, financial, and family considerations. Whether you are a senior looking to downsize, a family member helping a parent, or an attorney acting under an Enduring Power of Attorney (EPOA), it is essential to understand your retirement village contract, your rights, and your obligations before signing. At Bennett Carroll Solicitors, our experienced legal team provides expert advice on retirement village contracts in Queensland, including contract review, conveyancing for selling or transferring property, updating Wills and estate planning documents, and guidance for EPOAs and family members. We also help clients understand ongoing fees, exit entitlements, deferred management fees, and any other obligations associated with retirement village living. With offices across Brisbane, Stafford, Upper Mount Gravatt, Kawana, Mermaid Beach, and Ipswich, or via fully electronic online consultations, our team makes moving into a retirement village simple, secure, and legally sound. We support both the individual moving into the village and their families, ensuring everyone involved understands the process and can make informed decisions. If you are planning a retirement move in Queensland and want clarity and protection throughout the process, Bennett Carroll Solicitors can provide tailored, practical legal advice every step of the way.

Retirement Village Contracts in Queensland: What You Need to Know Before You Move

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The Executor is Taking Too Long: What to Do – How to Handle Executor Delays in Estate Administration

This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

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