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Power of Attorney Lawyers in Queensland

Power of Attorney Lawyers in Queensland

At Walker Pender Group we are focused on ensuring your wishes are carried out respectfully and according to your intentions. Our dedicated will and power of attorney lawyers customise your wills and powers of attorney based on your needs.

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At Walker Pender, we understand the importance of planning for the future. Power of Attorney is a legal instrument that empowers someone you trust to make decisions on your behalf.

It’s a tool of assurance, providing you peace of mind knowing that your affairs, whether personal, financial, or medical, will be handled with care and professionalism even when you’re unable to do so yourself.

Our General Power of Attorney elevates this assurance further, extending the range of decisions your appointed agent can make. It’s ideal for those moments when broad authority is required, particularly useful in handling complex financial and business matters.

Choosing Walker Pender for these vital services means entrusting your affairs to a team dedicated to understanding your unique needs and protecting your interests. Our expertise and commitment to personalized service make us the ideal partner in safeguarding your future. Let Walker Pender be the reliable cornerstone for peace of mind and security.

In Australia, there are generally two types of Powers of Attorney:

General Power of Attorney: This type allows someone to make financial and legal decisions on your behalf, usually for a specific period or purpose.

For example, you might set up a General Power of Attorney if you will be overseas and need someone to manage your legal affairs in Australia while you’re away. A General Power of Attorney becomes invalid if you lose mental capacity.

Enduring Power of Attorney (EPA): This type allows someone to make financial, personal, and/or health decisions on your behalf.

The critical difference between an EPA and a General Power of Attorney is that an EPA continues even if you lose mental capacity. This means the attorney can continue to make decisions on your behalf if you cannot do so yourself.

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How to Make an Enduring Power of Attorney in Australia?

Making an Enduring Power of Attorney (EPA) in Australia involves several key steps. Remember that the exact requirements can vary from state to state, so you should consult a legal professional in your area to ensure you follow the correct procedure. Here is a general overview:

Decide who you trust to manage your affairs if you cannot do so. This person will have significant power, so choosing someone who is reliable, trustworthy, and understanding of your wishes is essential. You may also select more than one person and specify if they need to make decisions together or if they can act separately.

Determine what decisions you want your attorney(s) to make on your behalf. This can range from broad powers, such as managing all your financial and personal matters, to more limited capabilities, such as only handling certain assets or health decisions.

Each Australian state and territory has its own EPA form. Usually, these forms are found on your state’s public trustees or the Department of Justice’s websites. The form must be filled out in detail, specifying your attorney(s), the powers granted, and when the powers will start (for example, immediately or only once you cannot make decisions yourself).

Once the form is complete, you must sign it before a qualified witness. The witness requirements vary by state, but a person is generally authorised to witness statutory declarations, like a solicitor or justice of the peace. In some states, the attorney(s) must also sign the form indicating they accept the appointment.

Store the original EPA document safely and provide your attorney(s) a copy. Some states also allow or require the EPA to be registered with a government department or office.

Remember, seeking legal advice when creating an EPA is recommended to ensure it accurately reflects your wishes and complies with the law.

Who Should Be Your Attorney-in-Fact?

The eligibility requirements for a person to be assigned as an agent under a Power of Attorney (POA) can vary depending on the jurisdiction, but there are some common criteria that generally need to be met:

Recent Reviews

Aaron SimsAaron Sims
04:24 18 Jan 24
My wife and I recently used Rhonda at Walker Pender Lawyers as our conveyancor, absolute professional. She was personable and has an amazing attention to detail, she was always available for any questions or issues that arose and addressed them.Highly recommend Rhonda and this firm.
21:38 10 Jan 24
Rhonda is amazing and very knowledgeable. She made purchasing our new property stress free.
Daniel ScrantonDaniel Scranton
05:09 10 Jan 24
Amazing! Highly recommend these solicitors. They were on top of all aspects of the house purchase and worked with us to make it as easy and smooth as possible. We are happy home buyers now 🙂
Noelene RuhlandNoelene Ruhland
01:31 09 Jan 24
Walker Pender Lawyers have been very efficient with conveyancing with my property recently sold, Rhonda especially explaining details very well. I highly recommend them
08:45 20 Dec 23
Adrian KaminskiAdrian Kaminski
04:53 12 Dec 23
I recently had the pleasure of working with Laurisa who is an exceptional solicitor. The expertise and guidance of the Walker Pender team were invaluable throughout my legal process. Their attention to detail, clear communication, and dedication made a potentially stressful situation much smoother. I highly recommend the services of Walker Pender for anyone in need of legal assistance.
Rosita GreenRosita Green
23:21 02 Dec 23
I am so glad to have used Walker Pender Lawyers to help me prepare my Will. Kevin Murray was extremely thorough and very professional at all stages of Will preparation. He clearly explained all legal terms as well as the implications of clauses in the will. The information was detailed and in lay terms. The staff were wonderful and helpful. Thank you for making the process easy and comfortable .
Madonna StottMadonna Stott
05:34 24 Nov 23
I cannot speak highly enough of Walker Pender. I recently dealt with Rhonda Jones who managed my conveyancing following a property settlement. She was incredibly efficient, ensuring we met all the deadlines, while providing compassion and understanding. The process went so smoothly thanks to Rhonda and the team. I had previously been to WPG for will and estate planning. My experience was so positive that I went back for conveyancing. I cannot fault them. Efficient, cost effective and personal.
Michaela ReeceMichaela Reece
10:29 20 Oct 23
I had the pleasure of working with Rhonda on two separate occasions, both rather life-changing situations. Her friendly, welcoming manner and her calm demeanor put me at ease every time. She easily and comfortably answered any and all questions I had.The other ladies that worked there too, were all lovely and approachable as well. Would definitely work with Pender Walker Ipswich again should the need arise.
11:08 28 Sep 23
I highly recommend Andrew Huntley at Walker Pender. Andrew took the time to explain everything to me, cared how I was feeling, and ensured that I’m well set up for the future with my Will, EPOA, and Binding Death Benefits. I’m in good hands with Andrew and Walker Pender.
Steve NadinSteve Nadin
10:21 25 Sep 23
Andrew Huntley was great to deal with for updating a Will and completing a Power of Attorney - a couple of documents everyone should have up to date. He was professional and friendly.
06:34 19 Sep 23
From booking the appointment and meeting Nicole to do our wills everything went smoothly.Everyone is friendly and welcomingThank you!
Kevin RacarbKevin Racarb
06:21 19 Sep 23
My wife and I recently required changes to our Wills.We could not have been more happier with service that we received from Nicole. She was professional with a wealth of knowledge that put our minds at ease.We will definately be using Nicole and Walker Pender again.
Tayla ReganTayla Regan
05:47 11 Sep 23
What a wonderful firm. The lawyers are dedicated, knowledgeable and will get you the best outcome possible.
Chinubhai ShahChinubhai Shah
14:12 10 Sep 23
Getting advice around contesting a will can be a daunting challenge. I feel so lucky that I met the team at Walker pender who could give me advice on the spot as to whether or not I had a good case. The wills and estates team led by Gerard and Toni is professional and empathetic. Thank you team!
Nitin SolankiNitin Solanki
11:11 04 Sep 23
They are not just skilled lawyers; they are also compassionate and genuinely care about their clients' well-being. I was involved in contesting a deceased estate, and I highly recommend Walker Pender Lawyers to anyone seeking legal representation.

Enduring Power of Attorney: Cost and Cancellation

The cost of making an Enduring Power of Attorney (EPA) in Australia can vary depending on how you create it and whether legal advice is sought. If you complete the process yourself, minimal costs may be involved. Each state and territory provides forms that can be downloaded for free from the public trustee’s website or the Department of Justice’s website.

However, you may need to pay for a Justice of the Peace, solicitor or notary public to witness the document, though many Justices of the Peace offer their services for free.

If you seek legal advice or have a solicitor draft the EPA for you, the cost will depend on the complexity of your affairs and the lawyer’s fees. Generally, you can expect to pay anywhere from AUD $200 to $500, although this varies widely.

Some states also charge a fee to register the EPA with a government department or land title office, mainly if it’s likely used in real estate transactions.

Bear in mind that while it may be an expense, seeking legal advice can help ensure that your EPA is drafted correctly and accurately reflects your wishes, preventing costly disputes or issues in the future. Always ask about the costs involved upfront to avoid any surprises.

Can an Enduring Power of Attorney Be Cancelled in Australia?

Yes, an Enduring Power of Attorney (EPA) can be cancelled or revoked in Australia, provided that the person who made it (the principal) still has decision-making capacity. If the principal cannot understand the effect of the document, they may not be able to revoke it.

The process to cancel an EPA can vary between different states and territories, but generally, the principal would need to:

If you lose capacity, revoking the EPA yourself may not be possible. In such cases, a court or tribunal may be able to revoke the EPA if it’s in your best interests, but this can be a complex process.

Planning for the future can be challenging and emotional for many people. Nonetheless, our experienced professionals are here to make the process as straightforward and seamless as possible. Whether you are drafting a will or power of attorney, we can handle them with care and professionalism.

Empower Your Future: Consult Our Expert Power of Attorney Lawyers Today!

Secure your peace of mind and control over your affairs with Walker Pender Group’s Power of Attorney lawyers.

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