EPOA Complaints

If your attorney behaves improperly

In some cases, attorneys have spent assets unwisely or sold the family home inappropriately. In such cases, the Public Guardian has the power to investigate an attorney and has several options available to resolve the matter to best protect the adult concerned.

Additionally, QCAT or the Supreme Court can remove an attorney or revoke an enduring power of attorney.

Revoking (cancel) your enduring power of attorney

You may revoke an enduring power of attorney at any time while you have capacity to make this decision.

1. Print and complete the revocation form.
2. After completing the revocation you are obligated to advise the former attorney(s). This can be done in writing (eg posting them a copy of the revocation) or by any other means.
3. You should also advise any parties or services who have been working with your attorney, for example, your bank, doctor, Centrelink as soon as possible.

How to remove / change your EPOA when you lack capacity

If you currently lack capacity to revoke your EPOA, you can apply to QCAT to seek the removal or replacement of your attorney(s).

QCAT Forms

Other ways your enduring power of attorney will end

Several other circumstances will bring an enduring power of attorney to an end.

Your enduring power of attorney will end if you:

• die — If you die, your enduring power of attorney is revoked in its entirety.
• get married — Unless your enduring power of attorney states otherwise, it is revoked if you get married. However, if your husband or wife is already your attorney, your power of attorney is only revoked to the extent that it gives power to someone other than your husband or wife.
• get divorced — If you divorce, the power of attorney is revoked to the extent that it gives power to your former spouse.
• enter into a civil partnership — Unless your enduring power of attorney states otherwise, it is revoked if you enter into a civil partnership. However, if your civil partner is already your attorney, your power of attorney is only revoked to the extent that it gives power to someone other than your civil partner.
• terminate your civil partnership — If you terminate your civil partnership, your enduring power of attorney is revoked to the extent that it gives power to your former civil partner.
• make an inconsistent document — Your enduring power of attorney is revoked to the extent of any inconsistency with any later documents you complete, such as an advance health directive or another enduring power of attorney.

It will also end if your attorney:

• withdraws — Your attorney may withdraw by giving you a signed notice or by getting the court’s leave to withdraw (as long as they have not commenced acting as your attorney).
• becomes your paid carer or health-care provider — If your attorney becomes your paid carer or health-care provider, your enduring power of attorney is revoked to the extent that it gives that attorney power for a personal matter.
• becomes incapable — Your attorney’s power is revoked if he or she is no longer capable to make a decision about a matter.
• becomes bankrupt or insolvent — If your attorney becomes bankrupt or insolvent, your enduring power of attorney is revoked to the extent that it gives that attorney power for a financial matters.
• dies.