There may come a time where you are not able to make decisions when you need to. You may be overseas and not physically able to sign a document or you may be suffering from an illness which renders you unable to make decisions, such as dementia. If this happens, who makes decisions on your behalf?
There is no automatic appointment to this role. In the absence of a valid Enduring Power of Attorney, a loved one would be required to apply to the Queensland Civil and Administrative Tribunal (“QCAT”) for an Order to be able to make decisions on your behalf. QCAT’s processes are not quick and can be expensive. QCAT may also appoint a person in this role that is not in line with your wishes.
By entering into an Enduring Power of Attorney, you have certainty that people you know and trust will be able to make decisions for you. These decisions include, but are not limited to, the following:-
1. accessing your bank accounts to pay bills;
2. selling assets on your behalf to fund medical treatment or nursing home fees;
3. deciding where you live;
4. making arrangements for your care;
5. accessing your superannuation or life insurance benefits; and
6. making medical decisions, including whether you receive life-sustaining treatments.
McNamara Law has a team of experts who can help with drafting an Enduring Power of Attorney that suits your needs and circumstances. McNamara Law makes the process simple and affordable by offering competitive rates and package deals when you bundle your estate planning documents. Contact our office on 1300 285 888 to make your Enduring Power of Attorney today.
Author: Therese Wilkes, Wills & Estates Solicitor at McNamara Law
Unit 10
88 Limestone St
Ipswich 4305
Queensland
Ph: 07 3816 9555
GE Building,
Level 1, 6 Yoga Way
Springfield Central 4300
Queensland
Ph: 07 3470 3600
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