Changes to QLD Guardianship laws are now in place

Amendments to the Powers of Attorney Act 1998 (Qld) that were brought in by the Guardianship and Administration and Other Legislation Amendment Act 2019 (Qld) (Amendment Act), are now in force.

From 30 November 2020, the Enduring Power of Attorney (EPA) and Advance Health Directive (AHD) forms that have been used for nearly 20 years in Queensland have been updated and amended and now must be used. If you have an EPA or AHD that was completed before 30 November it will still be valid.

The redesigned new forms include explanatory guides and new capacity assessment guidelines.

Other changes include changes to general principles and health care principles, conflict transactions as well as further eligibility requirements for attorneys and recognising interstate or New Zealand enduring powers of attorney – so that if the EPA has been made outside of Queensland (under QLD legislation) including New Zealand it will still be recognised and effective in Queensland

The user friendly new forms allow the principal to articulate their views, wishes and preferences in regards to their personal, health and financial matters.

There is also a dedicated section in which the principal may express who the attorneys must notify when exercising their powers and what kind of notification must be made and when.

There is also a dedicated section in the new AHD form where the principal may give specific instructions about blood transfusions.

An EPA is one of the most important documents you will sign and its very important that we plan now for when capacity is lost.  Once you have lost capacity you can’t make an EPA and you will lose the ability to determine and nominate who you would like to look after your affairs.

Please call Andrew Markert if you would like to discuss your estate planning.


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