Why do I need an enduring power of attorney?
Your Last Will and Testament only operates from your death.
If you’re ill or injured and you are unable to make decisions for yourself, it’s harder for those close to you to make decisions on your welfare unless they have power to act on your behalf. Additionally if you are overseas and need documents signed, an enduring power of attorney can conveniently facilitate this.
Enduring Power of Attorney process
- We meet with you (in person or by phone) to take your instructions, answer questions and provide some preliminary advice. At the end of this conference we provide a fixed fee quote for your Enduring Power of Attorney (and Will if applicable). If you accept the quote the initial consult fee will be included in your Enduring Power of Attorney cost. If not,a minimum fee is payable for the consultation.
- If you accept our quote, we will make another appointment for you in the short future.
- We draft your Enduring Power of Attorney document and contact you once completed.
- You can either attend our office in person, where we provide the documents to you, walk through them with you explaining it to you and, sign them on the spot in 20-30 mins. If you cannot attend our office, we will email or post the documents to you with detailed instructions for signing.
Do you have an up to date Will?
We offer a simple Will making process with fixed fee if you make a Will and Enduring Power of Attorney at the same time.
Why an ENDURING power of attorney?
A general power of attorney ceases to operate if the giver of the power ceases to have capacity to make decisions for themselves. An enduring power of attorney specifically overcomes this by enduring through any period of incapacity.
What decisions can my attorney make for me?
Generally, attorneys are appointed for three broad areas of decision making:
- Health matters
- Personal matters (for example, where you shall live)
- Financial matters
Your power of attorney can be written to suit your individual requirements to provide specific direction to your attorneys and limit the powers given to them if required.
Can I change or revoke my enduring power of attorney?
Yes, as long as you have capacity to make a new enduring power of attorney.
A new enduring power of attorney revokes an old one
In Queensland, an enduring power of attorney will be revoked by a later enduring document to the extent of any inconsistency with the earlier document (section 50 Powers of Attorney Act 1988 (Qld)). No similar provision exists for non-enduring powers of attorney.
Enduring Power of Attorney making at the Royal Brisbane Hospital or at your home
We are often asked to see clients (including the clients of other lawyers) at the Royal Brisbane Hospital or at your home. We are happy to do so. Additional charges will apply but again we will provide a fixed fee quote for your to consider.
Aged Pensioner Discount
Take a further 10% off our usual costs.