In Queensland people have the option of creating a legal document called an Enduring Power of Attorney to nominate others to act on their behalf and make decisions for them if they are unable. These decisions may include personal, health or financial decisions, which may be simple or complex.
The role of Attorney can be confusing. It is recognized there has been a lack of education specifically developed to assist Attorneys to understand their legal duties and responsibilities.
To make it easier for Attorneys to act appropriately in their role as decision maker, ADA Australia with the support of the Queensland government have created resources.
The resources below can assist Attorneys to understand EPOA document, any terms and when and how to make decisions for another. It can also help support those who may be considering agreeing to the role of becoming someone’s Attorney, to understand more about the role and what will be required of them should the EPOA become active.
Guiding documents –
Attorney Resources and Contacts Card –
Are you an Attorney under an Enduring Power of Attorney (EPOA) in Qld?
To download the EPOA video script for those with hearing difficulties – CLICK HERE
For Support Agencies and Service Providers
In your interactions with Attorneys (decision makers), it is essential for your staff to ensure that:
- The terms of EPOA documents are being correctly applied
- Attorneys are acting within the limits of their role
- The General Principles are being applied to ensure the person’s rights are always protected
- Staff understand and follow the correct applications of the EPOA documents
- Staff are easily able to identify problems and make appropriate referrals
To support the above needs and ensure staff are asking the correct questions to gain information needed, a flowchart and intake form has been developed. EPOA Flowchart and Intake Form
The Flowchart and Intake resource will assist staff to better understand:
- The making of an EPOA
- Using and EPOA
- Actions of an Attorney
We encourage support agencies and service providers to also download and print the above Attorney educational resources for circulation to clients and Attorneys to promote understandings of Attorney duties and to protect the rights of individuals.
For More Information:
EPOA Forms – Queensland Government Publications (EPOA forms): www.publications.qld.gov.au/
If you have questions about an Enduring Power of Attorney, the following contacts may be able to assist:
- Queensland Civil and Administrative Tribunal (QCAT): Ph. 1300 753 228 www.qcat.qld.gov.au
- Office of the Public Guardian: Ph. 1300 653 187 www.publicguardian.qld.gov.au
- Public Trustee of Queensland: Ph. 1300 360 044 www.pt.qld.gov.au
- Aged and Disability Advocacy Australia (ADA): Ph. (07) 3637 6000 or 1800 818 338 www.adaaustralia.com.au
- Carers Queensland: Ph. 1800 242 636 www.carersqld.asn.au
- Elder Abuse Prevention Unit (EAPU): Ph. 1300 651 192 www.eapu.com.au
- Queensland Advocacy Incorporated (QAI): Ph. (07) 3844 4200 www.qai.org.au
- Council on the Ageing (COTA) Queensland: Ph. (07) 3316 2999 www.cotaqld.org.au
- Seniors Legal and Support Service (SLASS): Brisbane at Caxton Legal: Ph. (07) 3214 6333. For regional phone numbers see: www.qld.gov.au/seniors/legal-finance-concessions/legal-services/
ADA Australia acknowledges the contribution of the EPOA Reference Group in the development of these resources: Dept. of Communities, Child Safety and Disability Services, Department of the Attorney General and Justice, Office of Public Guardian, Office of Public Advocate, Public Trustee of Queensland, Queensland Civil and Administrative Tribunal, Carers Queensland, Seniors Legal and Support Service, LawRight (QPILCH), Queensland Police Service, Queensland health, Elder Abuse Prevention Unit, Queensland Advocacy Incorporated, COTA, Queensland Council of Social Service, Queensland University of Technology, University of Queensland.
Resources developed by ADA Australia, funded by the Queensland Government. (2017)
EPOA Access to Justice Project
ADA Australia in partnership with QUT, Australian Centre for Health Law Research and the Crime and Justice Research Centre participated in a research project to examine the access to justice issues for those experiencing financial elder abuse. A copy of the research report can be found here. – Access to Justice – EPOA Project Report QUT