Enduring Power of Attorney

Who Will Make Decisions If You Can’t?

An Enduring Power of Attorney (EPA) lets you legally appoint someone you trust to make decisions on your behalf if you lose the capacity to do so yourself—due to illness, injury, or age-related conditions.

At Sunshine Coast Legal, we help individuals and families across the Sunshine Coast, Brisbane and the surrounding regions of South East Queensland put these vital legal protections in place.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that authorises a trusted person (your attorney) to manage decisions about:

• • Financial matters (banking, real estate, investments, paying bills)
  • Personal matters (where you live, who you live with)
  • Health matters (medical care, treatment decisions)*

*Note: You must be 18 or over and have legal capacity to create an EPA.

Types of Power of Attorney in Queensland

Queensland law recognises several types of power of attorney:

• • General Power of Attorney – Only applies while you have capacity, often used for temporary financial matters (e.g., travel)
  • Enduring Power of Attorney – Continues to operate after you lose capacity

Only an Enduring Power of Attorney allows someone to act on your behalf if you’re no longer able to make decisions.

Why Make an EPA?

Life is unpredictable. An EPA ensures:

• • Someone you trust makes decisions if you’re unable to,
  • Your affairs are handled without needing costly tribunal applications,
  • Your wishes are respected during difficult times,
  • Loved ones are spared from confusion or conflict.

Without an EPA, your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for decision-making authority.

What Happens If I Don’t Have an EPA?

If you lose capacity without an EPA in place:

• • Loved ones cannot automatically access your bank accounts,
  • No one can legally manage your property or medical care,
  • They may need to apply to QCAT to be appointed as a guardian or administrator, which can be time-consuming, costly, and stressful.

Why Choose us?

• • Over 35 years in practice,
  • Sunshine Coast based Office, in Coolum Beach,
  • Clear and understandable fee structure,
  • Supportive and respectful legal guidance,
  • Passionate Legal Representatives,
  • Fixed-fee EPA.

Related Services:

• • Wills & Estate Planning
  • Advance Health Directives
  • Probate & Estate Administration
  • Contesting a Will

Frequently Asked Questions

Q: Can my spouse automatically make decisions for me?
A: No. Without an EPA, your spouse has no legal authority to manage your finances or health decisions unless appointed by QCAT.

Q: When does an EPA start?
A: You can specify whether it starts immediately or only once you lose capacity. We’ll guide you on the best option for your circumstances.

Q: Can I cancel or change my EPA?
A: Yes. You can revoke or update your EPA at any time while you still have legal capacity.