Power of attorney
Welcome to the power of attorney portal.
Here you will find the following information about an enduring power of attorney:
- how to arrange an attorney, and
- who you contact if your attorney acts improperly.
These resources will enable you to find what you are looking for.
Firstly, there are two types of power of attorney:
- general power of attorney
- enduring power of attorney.
A general power of attorney is given to someone to make financial decisions on your behalf when you are absent, for example, if you are overseas and need someone else to sell your house or pay your bills.
An enduring power of attorney is put in place in the event something happens to you (usually illness or accident) that makes you unable to make your own decisions.
Both types involve a formal agreement giving someone else the power to make decisions on your behalf. It works like this:
- You sign a form giving power of attorney to the person of your choice.
- You specify the types of decisions that the person you choose can make.
- The person agrees to the appointment by signing the acceptance section of the form. This makes them your attorney.
- As your attorney, they can then act on your behalf if necessary.
The decisions that your attorney makes for you have the same legal force as if you had made them yourself. Find out more about an enduring power of attorney.
The following organisations provide additional information related to an enduring power of attorney.
Public Trustee
If your financial affairs are complicated or you have a lot of money or property, you may prefer to appoint an organisation such as the Public Trustee. Find out more>>
Adult Guardian
As a last resort, if you don’t have anyone capable of acting as your attorney for personal matters, you can ask the Adult Guardian to agree to be your personal attorney. Find out more>>
The Adult Guardian can also investigate an attorney’s actions where there is complaint of neglect, exploitation or abuse. Find out more about the Adult Guardian’s investigative powers>>
Guardianship and Administration Tribunal
The Guardianship and Administration Tribunal’s responsibility is to determine the decision-making capacity of adults who executed an enduring power of attorney and attorneys appointed under an enduring power of attorney. Find out more>>
Department of Natural Resources and Water
You must register the enduring power of attorney form with the Land Titles Office if your attorney buys or sells land on your behalf. Find out more>>
Queensland Law Society
If you are looking for a solicitor to help you arrange an enduring power of attorney, you can find one via the Queensland Law Society’s referral service. Find out more>>
Public Advocate
The Public Advocate’s role is to identify widespread situations of abuse, exploitation and neglect of people with impaired decision-making capacity. The Public Advocate does not deal with individual cases, but looks at widespread deficiencies in institutions and systems that affect a large number of people. Find out more>>
Justices of the Peace
In your role as a justice of the peace, commissioner for declarations or lawyer, you may be required to witness an enduring power of attorney. This can have significant implications for both the person making the document and yourself as witness. Find out more>>
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