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What is a Power of Attorney?
A Power of Attorney is a legal document that appoints another person (or persons) to act on your behalf in certain circumstances. This can include making decisions about your finances, property, health care or other matters. A POA can be used in a wide range of circumstances such as:
- If you lose mental capacity;
- Unable to handle your affairs due to illness or travel; or
- Simply want someone else to handle your affairs whilst you are away.
Types of Power of Attorney
There are two types of Power of Attorney:
- General Power of Attorney: General POAs only remain in effect while you (the Principal) have mental capacity. It allows an attorney to make decisions about your financial matters; and
- Enduring Power of Attorney (EPOA): This document remains in effect even if you lose mental capacity and can allow attorneys to make decisions about your financial and/or health matters.
There are many ways a Power of Attorney can be set up, including placing conditions, limits or specific instructions on the authority provided. It is important to discuss your wishes with your family and seek independent legal advice before making any decisions.
Who can be appointed within a Power of Attorney document?
Generally, the person you appoint (your 'attorney') must be at least 18 years old, legal capacity to make decisions and not be bankrupt, if they are managing financial matters.
You should choose someone you trust, as the person you appoint may have significant control over your finances, legal affairs and other important decisions.
When considering who to appoint, it may help to:
- Choose someone who understands and respects your wishes;
- Consider whether they have the skills and availability to perform the role;
- Discuss your expectations and any limitations you would like to put in place; and
- Seek independent legal advice while you have capacity to do so.
Each state and territory has specific requirements for appointing a valid Power of Attorney. You should ensure the correct forms are completed and signed according to the relevant legal requirements.
Understanding the responsibilities of an attorney
Being appointed as an attorney is a significant responsibility.
An attorney must always act in the best interests of the person who appointed them and make decisions in accordance with any instructions contained within the Power of Attorney document.
An attorney should:
- Act honestly and responsibly;
- Keep finances and records appropriately managed;
- Avoid conflicts of interest where possible;
- Only make decisions within the authority granted to them; and
- Support the person's rights, wishes and interests whenever possible.
Power of Attorney and financial abuse
Most attorneys act appropriately and in the best interests of the person they represent. However, because a Power of Attorney can provide access to financial information and banking facilities, it is important to choose your attorney carefully.
Some signs that a Power of Attorney arrangement may be being misused include:
- Unexplained withdrawals or transfers;
- Money being used for purposes that do not benefit the account holder;
- Missing financial records or statements;
- Restricting a person from accessing information about their own finances; or
- Concerns raised by family members, carers or professionals about unusual financial activity.
If you have concerns about financial abuse, support is available. Please visit our financial abuse or elder abuse pages for more information.
How to set up Power of Attorney access
If you have appointed an attorney, and would like to have them added to your accounts with Queensland Country Bank, you will need to arrange an appointment at your local branch or call our Contact Centre on 1800 075 078.
What documents do I need to provide?
When attending your appointment, please bring:
- A complete Power of Attorney or Administrator Notice form;
- The original or a certified copy of the Power of Attorney document;
- Identification for all relevant individuals; and
- Supporting documentation if the account holder has lost mental capacity, such as a medical report or letter from a doctor or residential care provider.
Additional documentation may be requested depending on your individual circumstances.
Links you may find helpful
- Queensland Government – Power of Attorney and making decisions for others.
- Queensland Public Trustee – Information about General and Enduring Powers of Attorney, creating an Enduring Power of Attorney and attorney responsibilities.
- Office of the Public Guardian Queensland – Information about decision-making, guardianship and protecting the rights of adults with impaired capacity.
- QCAT (Queensland Civil and Administrative Tribunal) – Information about guardianship, administration and decision-making arrangements where a person has lost mental capacity.
- ADA Australia – Free resources explaining the duties and responsibilities of an attorney and how to support someone under an Enduring Power of Attorney.