New Enduring Power of Attorney and Advance Health Directive Forms Commenced in Queensland on 30 November 2020

Wills and Estates

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DATE PUBLISHED: February 9, 2021

1. Do I Need to Do Anything if I Have a Signed My Enduring Power of Attorney and Advance Health Directive?

If you have signed your enduring power of attorney and advance health directive in front of a qualified witness and you are certain that the form has been correctly prepared, then you do not need to prepare new forms after 30 November 2020.
If your attorneys have not signed the form, that is fine the form is still valid.

2. What Do I Need to Do if I Have Not Signed My Enduring Power of Attorney or Advance Health Directive Yet?

If you have an enduring power of attorney or advance health directive in the old form prepared before 30 November 2020 and you have not signed it, then do not sign the form and arrange for the new form to be prepared.

                                   

Old form                                                         New form

3. New Features of the Enduring Power of Attorney Form
EXPLANATORY GUIDES

There is an explanatory guide for the enduring power of attorney providing detailed information about completing the form.

There is also an explanatory guide for completing the advance health directive.

VIEWS, WISHES AND PREFERENCES

There is a new section for the donor to list their views, wishes and preferences. This is an opportunity to provide information to the attorney about what is important in life now and in the future.

An example is: “The most important thing to me is that I live in my own home for as long as I can.”

INELIGIBLE TO BE AN ATTORNEY

Extended categories of people who cannot be attorneys for financial, personal and health matters:

•    A service provider for a residential service where the donor lives. For example, a manager of a boarding house cannot be an attorney for a person paying to live at the boarding house.
•    A person who has been a paid carer for the donor now or in the previous three years. This does not mean someone receiving a carer’s pension or benefit.
•    A health provider, for example a doctor, dentist or nurse.

NOTIFICATIONS AN ATTORNEY MUST MAKE

There are now two new sections in the enduring power of attorney that a donor has the option to complete. The donor can require that the attorney notify nominated people in writing about specified information and decisions the attorney is making on behalf of the donor. There are separate sections for financial matters and personal (health) matters.

Completing these sections of the form will increase the obligations on the attorney. These obligations should be discussed with your lawyer and attorney to ensure it is possible for the attorney to practically comply with the requirement to notify.

HOW CAN MCINNES WILSON LAWYERS HELP?

We can assist with the preparation of Enduring Powers of Attorney and Advance Health Directives and other estate planning documents like wills.
If you require further information on any of the above mentioned material, please contact us.

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