One of the most common assumptions Queenslanders make is that if something happens to them, their spouse or family will simply be able to step in and handle things. Legally, that’s not how it works. Your partner cannot sign a contract for you, sell your house, or deal with your bank simply because they’re your partner. The document that gives them that authority in Queensland is a power of attorney — and without one in place before you lose capacity, it may be too late to make one.
In Queensland, powers of attorney are governed by the Powers of Attorney Act 1998 (Qld). A general power of attorney authorises someone to act on your behalf in financial matters in your absence — but it lapses the moment you lose capacity. An enduring power of attorney is different: it lets someone you trust make financial and personal decisions for you if you lose capacity, and critically, it does not lapse when capacity is lost — which is precisely when you need it most. If you lose capacity without one in place, your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of an administrator for financial decisions or a guardian for personal and health decisions — a slower, more public and more stressful process where the tribunal, not you, decides who is in charge.
The myth that powers of attorney are something to think about later — when you’re older, or if something goes wrong — is exactly the kind of thinking that leaves people exposed. Capacity can be lost at any age, and an enduring power of attorney can only be made while the principal still has the requisite decision-making capacity to do so.
In this episode of the Big Law Podcast, Director Sylvia Lopez debunks the biggest myths surrounding powers of attorney in Queensland — including who can actually make decisions on your behalf, what happens without an enduring power of attorney in place, and why choosing the right person to act for you matters just as much as having the document itself.
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Don’t leave this to chance. The team at Big Law can help you put the right documents in place before you need them.
