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Expecting the unexpected: Queensland's new enduring powers of attorney

05 January 2021

#Private Client Practice

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Expecting the unexpected: Queensland's new enduring powers of attorney

Important changes to enduring powers of attorney and advance health directives in Queensland came into place on 30 November 2020. Included in these changes were new prescribed forms for enduring powers of attorney and advance health directives signed on and from 30 November 2020.

The new enduring power of attorney forms prompt the maker to consider a broader range of issues than the previous forms. While not a requirement, the form invites the maker to:

  • consider and articulate their views, wishes and preferences which they would like their attorneys to know and understand to assist in their decision-making
  • choose who their attorneys must notify for actions taken in relation to both personal or health matters and financial matters. If the maker requires the attorney to notify any person, they will also need to consider how much information is required to be provided to that person.

These measures have been introduced as a way of safeguarding the maker against potential abuse by their attorney and introduces a consultation process between the maker and the attorney.

Given the recent focus on elder abuse and the introduction of these new measures, it is now more important to ensure that you plan for an event, such as your loss of capacity, to avoid any unnecessary family dispute which may lead to litigation. Litigation is not limited to contesting a deceased person's estate but, more commonly now, includes challenging the management of a person's affairs during the time they lacked capacity.

Now is the time to plan for your loss of capacity. Once you have lost capacity, you lose the ability to nominate an appropriate person to manage your affairs. Where you have both business affairs and personal affairs to manage, you should seek legal advice to assist you with formulating the best strategy to ensure both your business and personal affairs are managed appropriately in the event you lose capacity to make your own decisions.

If you have any questions, please contact a member of our private client team.

Authors: Laura Hanrahan & Ainsley Savage

  • This article was originally published in Queensland Country Life (Australia)

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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