The ways we can help you
At Queensland Public Trustee, we have been helping people prepare power of attorney documents for decades. Our website provides helpful information that you can use to gain knowledge on powers of attorney and why it’s important to have one in place.
-
General information
This is where we publish information and guidance about powers of attorney. It includes the things to consider and frequently asked questions.
-
Helpful resources
Search our publications and resources to find more information about enduring powers of attorney.
-
Book an appointment
Meet in person with one of our team who can prepare your enduring power of attorney in line with your wishes.
About our power of attorney services
We most often prepare enduring power of attorney documents, which are an important life-planning tool that allows you to nominate someone to make financial and personal/health decisions for you when you can’t. We can help you with this as long as you are currently able to understand the effect of an enduring power of attorney and you are able to freely and voluntarily make one.
We are also able to prepare general power of attorney and power of attorney revocation documents for those who require this service.
A revocation is completed if you want to cancel an existing general or enduring power of attorney. If you revoke your enduring power of attorney, you must take all reasonable steps to advise all of your attorneys that it has been revoked.
Real-world example—Having an enduring power of attorney in place
-
Dave and Grace were married and in their mid-fifties. They had heard they should complete an enduring power of attorney so that someone could make decisions for them if they couldn’t themselves. They both completed enduring powers of attorney with Queensland Public Trustee and nominated each other as their attorney to make both financial and personal/health decisions. About 10 years after making the enduring power of attorney, Dave suffered a stroke and was not able to make decisions for himself. Grace was able to use the enduring power of attorney and make decisions for Dave both financially and for personal/health matters.
Making your enduring power of attorney with us
This is the usual process we use to help you prepare your enduring power of attorney with us:
- You book an appointment at one of our locations to meet with one of our experienced team.
- When booking, we will give you information on how you can prepare for the meeting.
- At your meeting with us, we will discuss your wishes and options available.
- We will prepare your enduring power of attorney based on the discussion in the meeting.
- At the meeting, you then review the enduring power of attorney we have together prepared to check it meets your requirements, and we will make any needed changes.
- Once you are happy with the document, you can sign it in our offices where we will ensure it is correctly witnessed.
- You may then need to take the original enduring power of attorney document with you so that the attorneys can sign it, accepting their appointment as attorney.
- We will offer you free storage of your enduring power of attorney for safekeeping. We have a central storage facility where your original enduring power of attorney can be held safe and secure.
Our fees and charges for powers of attorney
Queensland Public Trustee charges for services related to the preparation of powers of attorney. Find out more about our fees and charges.
Queensland Public Trustee can store your enduring power of attorney for free.
Sometimes a person may appoint Queensland Public Trustee under a power of attorney as their financial attorney. When we act as a financial attorney, fees apply for financial administration based on your individual circumstances. For more information about our fees to act as a financial attorney, look at our fees and charges for financial administration.
Power of attorney frequently asked questions
-
If you don’t have an enduring power of attorney, it could cause problems and issues for your family. For example, no one may be able to access your bank accounts to pay bills, there may be issues and conflict about who makes personal/health decisions for you and there may be delays in having someone formally appointed to make decisions for you. If someone needs to make decisions about financial matters, then the Queensland Civil and Administrative Tribunal (QCAT) may need to hold a hearing to have someone appointed. This decision is made by QCAT rather than you.
-
Yes, you can. You will need to decide whether they must act jointly or independently and on what matters.
-
Yes, it can be changed or cancelled if you still have capacity to make this decision.
You should consider whether you need to update or change your enduring power of attorney if your relationship status changes such as divorce, marriage or ending of a de facto relationship where your partner is the named attorney.
-
If you wish to appoint a nominated person, we recommend you choose a trusted person and someone who is completely independent to your attorney, and who can check that the attorney is making decisions in your interests. This could be a family member, friend or colleague who will likely undertake the role at no charge. You should discuss your intentions with the family member, friend or colleague before naming them as the nominated person.
-
Yes, you could consider appointing a lawyer, accountant or trustee organisation like Queensland Public Trustee. Professionals such as these will likely charge you a fee for this service, and it is recommended that you speak to them before naming them as your nominated person.
Queensland Public Trustee charges fees for its nominated person services.
Before naming Queensland Public Trustee as your Nominated Person in your enduring power of attorney, you should review the material available on our website and chat with us. To find out more about our Nominated Person service, view our:
- Nominated Person Fact Sheet
- Nominated Person Policy
- Nominated Person Service Fee Agreement
- Policy for Acceptance as Attorney Where Nominated Person Appointed
- Recommended clauses for insertion in your Enduring Power of Attorney document where the Public Trustee is your Nominated Person for Financial Matters
- Recommended clauses for insertion in your Enduring Power of Attorney document where the Public Trustee is your Financial Attorney and you are appointing a Nominated Person for Financial Matters
You can nominate Queensland Public Trustee to receive information about your financial affairs as your nominated person for financial matters. Queensland Public Trustee is unable to act as a nominated person for personal (including health) matters.