Powers of Attorney & Health Directives
Wills & Probate
Key Takeaway
An enduring power of attorney allows you to appoint someone you trust to manage your financial and property matters if you lose capacity.
An enduring power of attorney allows you to appoint someone you trust to manage your financial and property matters if you lose capacity. An advance health directive (often called a living will) sets out your preferences for medical treatment and health care decisions. Together, these documents ensure your affairs are managed according to your wishes when you cannot make decisions yourself.
Many people assume that their spouse or next of kin can automatically make decisions for them if they become incapacitated. In Queensland, this is not the case. Without a valid enduring power of attorney and advance health directive, an application to the Queensland Civil and Administrative Tribunal (QCAT) may be necessary, causing delay, expense, and stress for your family at an already difficult time.
Enduring Powers of Attorney in Queensland
Under the Powers of Attorney Act 1998 (Qld), an enduring power of attorney continues to operate after the principal loses capacity. You can appoint attorneys for financial matters, personal and health matters, or both. The document can be tailored to grant broad authority or specific limited powers, and you can impose conditions or require consultation with others. The attorney must act in your best interests and comply with the general principles in the Act. It is essential to choose attorneys who are financially responsible, trustworthy, and willing to act in your interests rather than their own.
Advance Health Directives
An advance health directive allows you to specify your preferences for future health care, including whether you want life-sustaining measures to be used if you have a terminal illness or are in a persistent vegetative state. The directive can also appoint someone to make health decisions for you. In Queensland, the directive must be witnessed by a doctor and a justice of the peace or commissioner for declarations. Without an advance health directive, medical decisions may be made by default decision-makers who may not know your wishes or may disagree about what is best.
QCAT Guardianship & Administration
If a person loses capacity without having made an enduring power of attorney or advance health directive, an application can be made to QCAT for the appointment of a guardian (for personal and health decisions) and/or an administrator (for financial decisions). QCAT may appoint a family member or the Public Guardian/Public Trustee. This process takes time, involves costs, and may result in the appointment of a decision-maker the person would not have chosen. Preparing powers of attorney and health directives in advance avoids the need for QCAT intervention and ensures your chosen representatives have authority when needed.
Powers of Attorney & Health Directives FAQs (Queensland Law)
What is an enduring power of attorney (EPA) under the Powers of Attorney Act 1998?
An Enduring Power of Attorney under the Powers of Attorney Act 1998 (Qld) appoints someone to manage financial, personal, and health matters if you lose capacity. Our team prepares EPAs for clients.
What is an advance health directive (AHD) in Queensland?
An Advance Health Directive sets out your preferences for future health care. Our team helps you prepare an AHD that reflects your values and wishes. It covers whether life-sustaining measures should be used in terminal illness.
How do I register an enduring power of attorney in Queensland?
At our firm, registration of an EPA with the Queensland Titles Registry is required if the attorney will deal with real property. The EPA must be registered before it can be used for property transactions. Registration involves lodging the document and paying the prescribed fee.
How is an EPA revoked in Queensland?
An EPA can be revoked by the principal at any time while they have capacity. Our team assists with EPA revocation and amendments. Making a new EPA revokes the previous one.
How does QCAT handle capacity disputes?
QCAT handles these matters. Our team represents clients before QCAT. qCAT can hear applications about capacity, including appointing guardians or administrators, reviewing the validity of EPAs, and deciding disputes about attorneys decisions. QCAT must be satisfied the person has impaired capacity before making orders.
Powers of Attorney & Health Directives Services
- Enduring power of attorney preparation (financial, personal, and health matters)
- Advance health directive drafting including life-sustaining treatment decisions
- Review of existing powers of attorney and health directives
- Revocation and replacement of outdated documents
- Advice on attorney appointment and substitute attorney provisions
- Advice on statutory health attorney and default decision-making
- Guardianship and administration applications to QCAT
- Support for attorneys and guardians in fulfilling their role
- Powers of attorney for business owners and company directors
- Powers of attorney for international and interstate considerations
- Elder law advice including accommodation and care decisions
- Interaction between powers of attorney and estate planning
Last updated: July 2026
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