What happens if you lose capacity without an Enduring Power of Attorney in QLD?

If you lose mental capacity due to illness, injury, or dementia without a valid Enduring Power of Attorney (EPOA) in place, your loved ones do not automatically gain the right to manage your finances or make healthcare decisions.

QCAT and the Public Trustee

Without an EPOA, someone (usually a family member) must apply to the Queensland Civil and Administrative Tribunal (QCAT) to be formally appointed as your administrator or guardian.

If family members cannot agree, or if the tribunal deems them unsuited, QCAT may appoint the Public Trustee of Queensland to manage your finances, and the Public Guardian to manage your personal and health decisions. This means:

• A government agency makes decisions about your living arrangements and medical care without intimate knowledge of your personal wishes.
• Your family may face extensive delays and legal hurtles to access your bank accounts or sell assets to fund your care.
• Administrative fees may be charged by the Public Trustee to manage your estate.

The Solution: Set it Up Early

An EPOA allows you to appoint the person you trust before any of this becomes an issue. You can review and change your EPOA as long as you have mental capacity.

Further Listening

We recently discussed exactly what happens if you don’t have an EPOA in place on our 4CRB radio show. Listen to the full Legal Matters episode on Enduring Powers of Attorney here for an in-depth explanation from Andrew Bell.

Need to set up your EPOA? Contact Bell & Senior Lawyers today. Call (07) 5532 8777.