Do I need an Enduring Power of Attorney (EPA) if I have a Will?

Many people think, “I have a Will, so I’m covered.”

This is dangerous. A Will is legally useless while you are still breathing. If you suffer a stroke, car accident, or onset of dementia, you need a different document to ensure your life can continue being managed: the Enduring Power of Attorney (EPA).

What Does an EPA Do?

In Queensland, an EPA allows you to appoint trusted people (“Attorneys”) to make decisions for you in two areas:¹

1. Financial Matters

• Paying bills, rates, and nursing home fees.
• Selling your house (e.g., to fund aged care).
• Managing investments and tax returns.
• When does it start? You can choose: Immediately (for convenience) or only if you lose capacity.

2. Personal & Health Matters

• Deciding where you live.
• Consenting to medical treatment or surgery.
• Withdrawing life support (in some limited cases, though an Advanced Health Directive is better for this).
• When does it start? Only when you have lost the capacity to make those decisions yourself.

General vs Enduring

• General Power of Attorney: Used for short-term convenience (e.g., you are going overseas for a month and need someone to sign contracts). It stops working if you lose mental capacity.
• Enduring Power of Attorney: Continues (“endures”) even if you lose capacity. This is vital for long-term planning.

The Risk of No EPA

If you lose capacity without an EPA:

1. Your bank accounts are frozen (even joint accounts can be restricted).
2. Your spouse/children cannot sell your house.
3. Family members must apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your administrator. This is stressful, public, slow, and expensive.

Related Topics

• Dying without a Will
• Will and EPOA Costs
• Advance Health Directives
• Wills & Estates Practice Area

Plan for Life, Not Just Death

At Bell & Senior, we recommend making an EPA at the same time as your Will. It is an insurance policy for your autonomy.

Protect your decision-making. Contact us to draft your EPA. Call (07) 5532 8777.