What happens without an
Enduring Power of Attorney?
You lost the ability to make decisions for yourself. You don’t have an Enduring Power of Attorney.
What happens now?
It’s the typical lawyer answer, right? “It depends”.
Well, it does depend on the circumstances at the time. Like what decisions need to be made and in what timeframe.
The most important takeaway – your loved ones do not have automatic rights to make decisions for you if you lose capacity.
There’s a step to take first…
Wade through the red tap
If you lose capacity without an Enduring Power of Attorney, your loved ones may make an application to the Queensland Civil and Administrative Tribunal
[it’s a mouthful…often called “QCAT”].
QCAT has the power to appoint loved ones as your administrator for financial matters and/or guardian for personal matters.
But it’s not a case of “all’s well that ends well”…
Fear of the unknown
There’s a risk QCAT will appoint someone you don’t trust or want making decisions for you. You have no control over the process or QCAT’s decision.
And if QCAT don’t have confidence in your loved ones? They’ll appoint the Public Trustee of Qld to be your decision maker. Public Trustee charge their fees back to the people they’re making decisions for.
In 2022, ABC’s Four Corners published a report revealing high fees and financial mismanagement by the Public Trustee [web search for more info].
Who loves delays?
The time to finalise a QCAT application depends on the complexity of the case.
The average time to finalise a QCAT application for decision-making for adults with impaired capacity is 19 weeks.*
Just imagine – an already sh1tty situation made much worse for loved ones. Not only do they need to manage QCAT paperwork, but also the costs and delays in finalising the application.
Ain’t nobody got time for that.
*Published on QCAT’s website under “average time to finalise an application” as at 30 June 2023.
An easy alternative
Get your Enduring Power of Attorney done now.
It’s really that simple, and it’s a win/win.
Peace of mind for you – you’ve appointed people you know + trust to make decisions for you.
Less stress, work, and cost for your loved ones.
It’s also an important part of the overall strategy for your estate plan…
No two people have the same loved ones, assets, values, and preferences…so no two estate plans are the same.
As part of your estate plan, your Enduring Power of Attorney is tailored to suit your needs.
For eg, it can include special powers and terms that your decision makers may need to handle your affairs. Or the structure of nominations and special terms may depend on your goals for your quality of life and/or assets in the future.
The gold standard
Our Will Value Packages are a complete estate plan solution – covering you for death + incapacity.
Each Will Value Package has a suite of documents including an Enduring Power of Attorney, Will, Letter of Wishes, and Advance Health Directive.
There’s too many inclusions in our Will Value Packages to list here…which is why it’s detailed under “How we can help”.
The Complete Estate Plan Guidebook is for you if you want to:
The Complete Testamentary Guardian Workbook is for you if you want to: