An Enduring Power of Attorney can deal with either or both health matters and financial matters. Certain maintenance payments may be a conflict transaction that must be authorised by QCAT or the Supreme Court before they are made (see EPA – Duties of enduring attorneys). For example, you may want to give someone a General Power of Attorney to purchase a property whilst you are overseas. An EPA can state how attorneys are to share the power given to them by the principal. There are two versions of the Enduring Power of Attorney: one for if you want the same person to act for you about your personal and health care AND for your finances in the future; and one for if you want to appoint different people to make decisions about personal and health care and finances. The exception will ensure that the intentions reflected in a will are given effect. The document must be executed in a way that shows that the attorney executed it as attorney for the principal (section 69 POA Act). If an attorney receives confidential information on behalf of a principal, the attorney must respect the principal’s right to confidentiality and only disclose such information to the extent necessary to protect the principal’s interests. Where an attorney, administrator or guardian has failed to comply with their duties or obligations under guardianship legislation the reforms will clarify the current powers QCAT can exercise and provide additional powers to improve accessibility to redress for victims of financial abuse. Most states in Australia prohibit the electronic signing of a Power of Attorney. The new forms should be used to make these documents from 30 November 2020. Learn more about the new general principles and health care principles. An attorney for all financial matters has power to make decisions for a principal about a number of financial and property matters, including one or more of the following (Schedule 2 POA Act): An attorney for all financial matters may engage a solicitor on behalf of the principal to obtain legal advice about selling the principal’s house to pay for nursing home expenses for the principal. You are giving someone the power to deal with important matters on your behalf, such as transferring property or making life-changing decisions about your medical treatment. Our forms include simple to follow signing instructions, that are tailored to each state. The appointment of an administrator for a missing person is automatically revoked (cancelled) if either: QCAT must also revoke the appointment if satisfied that the adult is alive—either based on application by the administrator or other interested person, or on QCAT’s own initiative. Privacy Policy and The person you appoint is called an 'Attorney.' The capacity guidelines provide general information about capacity, capacity assessment and the legal tests of capacity in Queensland. if an attorney is not discharging his or her duties; if a guardian and/or administrator is appointed for the principal; if a principal did not have capacity to make the EPA; if an EPA does not comply with the requirements of the POA Act; if a principal was induced to make the EPA by dishonesty or undue influence; and. However, in some states, you can only appoint one person to make decisions about medical treatment.