Enduring power of attorney in Queensland: what it does and how to set one up
An enduring power of attorney is the document that lets someone you trust make decisions for you if you lose capacity. It is the single most useful document most people do not have, and it cannot be made after capacity is lost.
Written by Michael Klein, Legal Practice Director, admitted 2003 · General information about Queensland law · Last reviewed 2026
Need advice on your own matter? Book a no-obligation consultation with Coastside Law in Golden Beach.
What it covers
In Queensland an enduring power of attorney can cover two kinds of decisions, and you can appoint different people for each:
- Financial matters — banking, paying bills, dealing with investments, selling or renting your property, managing a business.
- Personal and health matters — where you live, the support and services you receive, and medical treatment decisions.
When the power starts
For financial matters you choose when the power begins: immediately, on a specific date, or when you no longer have capacity. Many people choose immediately for convenience, but that is a decision to make deliberately.
Power over personal and health matters can only ever begin when you lose capacity. Until then, those decisions remain yours alone.
Choosing an attorney
Your attorney must be at least 18, must not be bankrupt if they are handling financial matters, and must not be a paid carer or health provider for you. Beyond the legal minimums, choose someone who is organised, available and willing to keep records — the role carries real obligations.
You can appoint more than one attorney and specify whether they must act together, separately, or by majority. Appointing two children jointly sounds fair and can be workable, but it can also deadlock at the worst possible moment. Think about a substitute attorney too.
Formalities, and how it can go wrong
The document must be in the approved Queensland form, signed by you with capacity, and witnessed by an eligible witness — for an enduring power of attorney that means a justice of the peace, commissioner for declarations, notary public or lawyer. The witness must certify that you appeared to understand what you were signing.
Getting the witnessing wrong invalidates the document, and you often will not find out until it matters. Attorneys who misuse the power can be removed and pursued through QCAT.
Changing or revoking it
While you have capacity you can revoke an enduring power of attorney at any time. Do it in writing and give notice to the former attorney and to anyone relying on the document, such as your bank. Marriage, divorce and the death of an attorney can also affect the appointment.
Frequently asked questions
Is an enduring power of attorney the same as a will?
No. An enduring power of attorney operates while you are alive and loses effect on your death. A will takes effect only on death. Most people need both.
What happens if I never make one?
If you lose capacity without one, your family may need to apply to QCAT for the appointment of an administrator or guardian. That process takes time and money, and the person appointed may not be who you would have chosen.
Does my attorney have to follow my wishes?
Yes. Attorneys must act honestly and with care, follow the general principles in the legislation, keep your affairs separate from their own, and keep records. Acting for their own benefit is a serious breach.
Is an advance health directive different?
Yes. An advance health directive records your own instructions about future medical treatment, including end-of-life care. It works alongside an enduring power of attorney and speaks for you directly.
This guide is general information about Queensland law, current at the time of writing. It is not legal advice and does not take your circumstances into account. Call Coastside Law on 0488 340 853 for advice on your own matter.
Related questions
The questions people usually ask next on this topic.
- What if my children don't want the family home sold?
- What are an attorney's legal duties?
- What should I check before buying into a retirement village?
Keep reading
Next steps
Where to go from here if this is your situation.
- 1Elder lawPowers of attorney, advance health directives, granny flats, retirement villages and aged care.See how we help
- 2Check the fixed feeExactly what our conveyancing costs, what is included, and what the third-party disbursements are.View our fees
- 3Talk it throughA short, no-obligation conversation with a lawyer at our Golden Beach office.Request a consultationCall 0488 340 853
Prefer to browse first? All legal guides