Who should have copies of my enduring power of attorney?

You and each attorney named in the document should have certified copies so they can act when needed without risking loss or damage to the original.

Where should my health directive be lodged or recorded?

Your health directive should be recorded on your Queensland Health medical record where possible, and copies should be provided to your attorneys and treating doctors so they can follow your wishes if you cannot speak for yourself.

Why are certified copies useful for these documents?

Certified copies allow you to prove the contents of your EPOA or health directive to banks, hospitals and care facilities without carrying the original everywhere.

Who Keeps Your Enduring Power of Attorney and Health

Q: Who should hold the original enduring power of attorney?

The original enduring power of attorney is best held in safe storage by your solicitor or accountant so it can be produced if its authenticity is ever questioned.

An enduring power of attorney (EPOA) and an advance health directive are two of the most important documents you can put in place for later life, particularly if you become unable to make decisions yourself. However, they only work properly if the right people can access them when needed and the originals are kept safe.

Who should hold the original enduring power of attorney?

The original EPOA is the document that carries legal authority. While certified copies are widely accepted, the original may still be required in some situations, such as property transfers or complex financial dealings. To avoid loss, damage or accidental destruction, many people choose to store the original with their solicitor or accountant.

Keeping the original in professional safe storage means there is a central, secure place where it can be retrieved quickly if anyone ever questions whether a certified copy is genuine. It also reduces the risk of the document being misplaced at home or damaged in everyday use.

Who should have copies of the EPOA?

You and each attorney named in your EPOA should have a certified copy. A certified copy is a photocopy that an authorised person, such as a Justice of the Peace or solicitor, has compared with the original and endorsed as “true and correct”. In practice, most banks and care facilities accept certified copies for day‑to‑day decisions.

Certified copies allow your attorneys to present the EPOA to institutions without carrying the original around. If a copy is lost, you can produce another one from the original. If the original is damaged or lost, you may need a new EPOA, so protecting it is vital.

Where should your health directive be recorded or lodged?

An advance health directive sets out your wishes for medical treatment if you cannot make decisions yourself. To be effective, it needs to be available to the doctors and nurses treating you.

Queensland Health’s advance care planning resources explain that an AHD should be completed on the approved Form 4 and can be added to your Queensland Health medical record, often via the Statewide Office of Advance Care Planning or by uploading to My Health Record. You should also give copies to your EPOA attorneys and your GP, so your substitute decision‑makers and treating team can follow your documented wishes if you lose capacity.

As with the EPOA, it is wise to keep the original directive in safe storage and use certified copies when dealing with hospitals and care facilities, noting that Queensland Health’s own forms and guidance set out the current process for recording the directive on your health record.

Who Should Hold My Enduring Power of Attorney and Health Directive?

Who should hold the original enduring power of attorney?

Who should have copies of the EPOA?

Where should your health directive be recorded or lodged?

See also

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Who should hold the original enduring power of attorney?

Who should have copies of the EPOA?

Where should your health directive be recorded or lodged?

See also

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Need Specific Legal Advice?

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