Will and Estate

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Why do I need an Enduring Power of Attorney?

Reason 1: Other people rely on you!

Reason 2: Accidents happen and you need to be prepared!

Even when you cannot look after others, an Enduring Power of Attorney can give you the peace of mind knowing your appointed attorney(s) is looking after you and those who need you.

Who needs an Enduring Power of Attorney?

Any person over the age of 18 (as suggested by the Public Trustee Qld)
Any person who has a serious or life-long illness
Any person working in a leadership position (Company directors, Owners or Managers)
Any person who has others relying on them
Any person who wants to have peace of mind for their future

Wait no more, safeguard your future today!

Frequently Asked Questions

When principals appoint attorneys to act on their behalf, a power of attorney is made. The power of attorney becomes “enduring”, because even when the principal loses capacity after the date of granting the power, the power of attorney remains in existence, hence being called enduring.

When you create the power of attorney, you are called the “principal”.

The person or persons you have appointed to act on your behalf is called the “attorney”.

For example, you were involved in a serious car accident and as a result, you are in a coma. Another example is when you are forced to quarantine and unable to leave the quarantine.

This is when your Power of Attorney (POA) will come into effect, your attorney will act on your behalf to handle your medical treatment and your assets.

To be eligible to be an attorney, a person must:

  • have the capacity to make the decisions they are appointed for
  • be 18 years or older
  • not be your paid carer or have been your paid carer in the last three years
  • not be your health provider
  • not be a service provider for a residential service where you live
  • not be bankrupt or taking advantage of the laws of bankruptcy (if appointed for financial matters)

Please note: your attorney does not have to be a lawyer!

We highly recommend you appoint a person who you can trust to act in your best interests, such as a family member or close friends.

Yes you can.

There is no limit on the number of attorneys you can appoint in an enduring power of attorney, except that you can only appoint a maximum of four joint attorneys for a matter (i.e. you can only appoint a maximum of four people who must agree on all decisions).

Yes you can. You can appoint separate attorneys for your financial matters only, or for personal (including health) matters only.

Personal matters
It includes decisions about your care and welfare, such as where and with whom you live and support services you may need. It also includes legal matters that exclude your financial or property matters.

Health matters
It relates to decisions about your health care, includes:

  • medical treatments
  • medical procedures
  • services to treat both physical and mental conditions.

When you are nearing the end of your life, health matters can also include treatments aimed at keeping you alive or delaying your death (life-sustaining treatments).

Financial matters
It relates to decisions about your financial or property affairs, including:

  • paying expenses
  • making investments
  • selling property (including your home)
  • carrying on a business

Yes, you can do so by setting up terms and instructions for your appointed attorney(s).

For example, in personal matters you can set the following limits:

  1. My attorney can make all decisions about personal matters except for decisions about the friends and family members I have contact with.
  2. I do not consent to my children or their families living in my home, with or without me.

For personal decisions, your attorney may only commence making personal decisions for you when you lose capacity.

For financial decisions, you may nominate when your attorney may begin to make financial decisions for you:

  • Straight away after signing; or
  • At some other date or occasion, such as once you lose the capacity to make these decisions, or when you are incapacitated by severe disease

Ascent Lawyers can assist in drafting wills and Enduring Power of Attorney to make sure your wishes will be carried out when you lose legal capacity.

We ensure only the most up-to-date forms are used and all information is accurate.

Appoint the Right Person as your attorney
If your attorney is inappropriately appointed or you failed to constrain the assigned rights, your legal rights may be manipulated.

Correct Drafting
Only an accurately drafted Enduring Power of Attorney could protect your legal rights when you lose legal capacity.

  1. Think about your views, wishes, and preference for now and the future.
  2. Discuss these views with your family and friends
  3. Consider who you will appoint as your attorney(s): it must be someone who you trust will safeguard your interests, advocate for you and respect your views, wishes and preferences.
  4. Reach out to Ascent Lawyers!

You will have lost the capacity to make a decision if you are not able to:

  1. understand the nature and effect of decisions about the matter
  2. freely and voluntarily make decisions about the matter
  3. communicate the decisions in some way

Yes you can. You can revoke an attorney from acting on your behalf, as long as you still have the capacity to do so. This is called revocation.

You can contact Ascent Lawyers to assist you.

We will help you lodge all the correct forms and take all reasonable steps to inform every attorney affected by this revocation that they are no longer acting as an attorney.

It will end if the principal:

  • dies
  • gets married
  • gets divorced
  • enters into a civil partnership
  • terminates a civil partnership
  • makes an inconsistent document

It will also end if any attorney:

  • dies
  • withdraws
  • becomes a paid carer or healthcare provider to the principal
  • becomes incapable
  • becomes bankrupt or insolvent

Yes, your appointed attorney is personally accountable and liable for their actions.

This means that if your appointed attorney mismanages or mishandles your matters, whether or not they did it intentionally or negligently, the appointed attorney can be held personally liable and responsible.

You can speak to the Public Guardian. This is a public organisation that has the power to investigate complaints regarding any improper actions of any appointed attorney for financial, health or personal matters.

You can begin proceedings in the court or the Queensland Civil and Administrative Tribunal (QCAT) to recover money and cause the attorney to face criminal charges.

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Why Ascent Lawyers?

We are committed to helping you at a difficult time in your life.

Experienced Lawyer

Our lawyers are experienced in wills and estate matters. We are here to solve your worries!

Free 15-min Consultation

We provide 15-minute free initial consultation to give you a general idea and assessment of your case before engagement.

After Hour Appointments

If you are unable to meet us during business hours, we can always come see you either after work or even during weekends.

Quality of Service

Committed to ensuring the best possible outcome for you. We will update you on any progress and changes.

Multilingual & Multi-media

We speak your language (English/Mandarin/Cantonese). We are easily accessible by phone, email, social media and SMS.

Diligent & Responsible

We believe in the strict compliance to all ethical standards. Guiding you through each stage of your case is our pleasure.

How It Works

We are always happy to help you figure out what to do.

Get in touch

Our experienced lawyers will listen to your story and tell you what to do next.

Engage us

Once you engage us, we will gather the required details and work on your case.

Getting to work

We provide the most efficient solution and give you instant updates.

Achieving results

We will strive to achieve the result satisfying your best interests.

What People Say About Us

Based on 127 reviews
Bonan Shan
Bonan Shan
2 years ago
I was lucky enough to be introduced to Ascent Lawyers for my personal injury case back in 2019. All the lawyers demonstrated high level of professionalism throughout all the stages of engagement. Ascent Lawyers was not only able to provide tailored legal advice, but they had been extremely informative and transparent during the entire process. This is particularly extraordinary when you consider the no-win-no-fee business model for PI matters. My case, in the end, was concluded with excellent results. I would like to use this opportunity to thank the whole team for their hard-work and professionalism, as well as Kira and Mengpei's close involvement with my case. I think their 5-star google review record does not lie. I would also recommend this firm to anyone.
WJ Liu
WJ Liu
3 years ago
Great thanks to Will for being my solicitor, for his patience, professional and instructive work which makes everything goes on well. Thanks!
Devon Fung
Devon Fung
3 years ago
From my personal experience dealing with Jacqueline from Ascent Lawyers, all I can say is that she is professional, reliable and goes above and beyond to deliver the best outcome. Always kept us informed with any updates.Overall, I would highly recommended her.
3 years ago
Very efficient and professional through out the whole case and amazing attention to details. Would definitely recommend.
Yuan Chen
Yuan Chen
3 years ago
Very trustworthy law firm with professional and friendly staff. Pricing is very reasonable as they solved my problem efficiently. I strongly recommend it to everyone one.
yy rain
yy rain
4 years ago
Ms Gao is an expert in her profession, and provides excellent service. She is patient and answer all enquires quickly! Would definitely recommend her to everyone!