EPOA – What an Attorney Must Do

What an Attorney Must Do

An attorney must:

• act honestly and with care
• recognise your right to confidentiality
• consider your existing supportive relationships, values and culture
• apply the general principles under the Powers of Attorney Act 1998. To view the general principles, go to Guardianship and Administration – Rights.

In relation to health care decisions, an attorney must:

• ensure any decision made contributes to your health and wellbeing
• choose the least intrusive method of treatment where possible
• consider your views and wishes
• consider the advice of your doctor or other health care providers

• comply with the health care principle under the Powers of Attorney Act 1998. To view the healthcare principles, go to Guardianship and Administration – Rights.

In relation to financial matters, an attorney must:

• avoid entering transactions that may result, in their interests (or those of attorney’s relations, business associates or close friends) conflicting with your interests
• keep records and accounts of dealings and transactions
• keep your property separate from their own (unless it is jointly owned)
• not give your property away and make only reasonable gifts for birthday/Christmas presents or donations that you would normally make yourself.

Further Information

If you have been asked to act as an attorney now or in the future, you can read more about your duties and responsibilities as an attorney under an enduring power of attorney in Queensland.

This factsheet, and other resources are located on the Aged and Disability Advocacy Australia (ADA Australia) resources list, including information about how to choose an appropriate attorney, and what an attorney has to do.

ADA Australia have a short video explaining your role and how to act appropriately as an attorney, go to EPOA Video – Rights and Principles

Other Helpful Links

Qld Govt – Power Of Attorney

Public Trustee – Power of Attorney

Public Guardian – Responsibilities of an Attorney

Advance Care Planning – Qld

Qld Health – EPOA Checklist

Qld Health – Treatment and Care Factsheets and Resources

ADA Australia – Responsibilities of an Attorney in Qld

ADA Australia – General and Health Care Principles