Enduring Power of Attorney in Brisbane

Making a Will and Enduring Power of Attorney in Brisbane

Drafting a Will is a tricky agreement that can make the distribution of assets easy or difficult for your loved ones after your death. When you plan to draft a Will to distribute your assets among your loved ones following your death, get in touch with the team at Fit Lawyers in Brisbane.
You have the right to add conditions and terms in a Will. It is important the Will is drafted in clear terms to avid uncertainty and ambiguity. At Fit Lawyers, we specialise in proper drafting and implementation of the agreement while maintaining all its conditions.
Wills and power of attorney Brisbane

What is POA?

A Power of Attorney (POA) is a legal document in which a person authorises another person, who is the appointed attorney, to make decisions on their financial assets on their behalf. In case someone has a POA, the attorney in charge can make limited decisions regarding financial, legal, property, or personal matters on their behalf, depending on the terms listed in the POA.
POA is not just limited to one particular category; it can be classified into various types. Some of them grant only certain powers to the attorney for a short period, while others may give long-term powers to the attorney. There are certain circumstances in which a person needs to register the POA with Titles Queensland to make it valid (This is specifically for Queensland; different states have different laws regarding the registration of POA). With experience and knowledge, Fit Lawyers is there to handle such and other complex cases.

Majorly, there are two types of powers of attorney-

  • General power of attorney
  • Enduring power of attorney

Wills and power of attorney are sensitive matters and can play a large role in the life of the involved parties. Therefore, they have to be drafted carefully, considering all situations. With our wide range of services, we have been providing legal help across Brisbane and the surrounding areas.
Our primary goal at Fit Lawyers is to make all legal endeavours easy and smooth for our clients. When you choose us to help you draft your Will, we make sure that all your assets are adequately distributed amongst the beneficiaries. Whereas in the case of EPOA, our capable lawyers can draft a POA to safeguard all your assets after your death through a representative you wish to assign the estate to. We not only help in making a Will and power of attorney document but also help in registering them in the concerned departments. We keep abreast of any changes to the Powers of Attorney Act, making sure that, as your solicitor, power of attorney is prepared appropriately.

What Power Does the Enduring Power of Attorney Have?

The Enduring Power of Attorney (EPOA) provides legal authorisation to another person to act on the principal’s behalf in legal and financial matters. This comes in force after the person granting it or the principal loses their mental capacity to make sound decisions regarding their affairs. The person having the EPOA does not need to apply to the court of protection after the principal has lost their mental strength.
In the case of the EPOA, the attorney gets extensive powers; it is subjected to stricter controls than a general POA. It can only be set up when a lawyer is satisfied that neither party is under any undue pressure nor is being set up due to fraud. It will only come into effect when the original document has been registered in the court of law. To draft and register the enduring power of attorney in Brisbane according to the laws of Queensland, you can connect with Fit Lawyers.
wills power of attorney and guardianship

Difference Between the Power of Attorney and Enduring Power of Attorney

A general POA ceases if the one who granted it becomes mentally incapacitated or on the granter’s request. You don’t have to register a general POA in a court of law. It is used in circumstances where the principal is out of town or is unavailable for a period and certain functions need to be carried out on their behalf.

On the other hand, EPOA will remain in effect once the principal becomes mentally incapacitated. In this case, the attorney gets the ability, or legal capacity, to deal with the property, business, and financial affairs of the donor. The attorney can even take decisions of personal care. However, the right to exclude any of the powers while getting the EPA drafted remains with the principal.

Choose Your Attorney Well

Making a Will and a power of attorney should always be a fair process. Our professional lawyers help you take care of the following points while drafting a POA:
1. We will help the principal or their guardians list out the decisions of the attorney if not available. There are many situations where the attorney acts outside the powers and such a case can be taken or contested against in the court of law.
2. We will ensure that the appointer must have the appropriate mental capacity to grant the POA.
3. We also make sure that the appointed attorney is at least 18 years of age.

What Rights Does an Enduring Power of Attorney Give to the Appointed Attorney?

All the powers and duties of an appointed attorney is listed out in the EPOA. There are important decisions that the principal will need to make. As a principal, you can plan how you want the EPOA to be implemented:
  • With immediate effect
  • Only in particular circumstances or occasions
  • From a specific date
  • When you do not have the capacity to take those decisions
  • In case you become mentally incapacitated
Enduring power of attorney Brisbane

Can You Cancel Your EPA?

Till the time you have the capacity to do so, you can revoke or cancel your enduring power of attorney. In such a situation, it is important to take necessary steps to inform all the attorneys about the same. Mostly registering and revoking takes place in the Queensland Titles Registry.

Experienced lawyers at Fit Lawyers can help you in each step of drafting, registering, and revoking a will, POA, or an EPOA. Our solicitors are professional and committed to the work assigned to them.
We understand that you may have a lot of legal queries. Our qualified lawyers are here to resolve each of them. You can call us on 0415 835 733 or drop an email at fitlawyers.au@gmail.com for any legal help. Our team will be happy to assist you.

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