General Information Only: This article is general information, not legal advice. For advice specific to your circumstances, consult a qualified…
To make a power of attorney in Queensland, choose the type you need, complete the correct approved form under the Powers of Attorney Act 1998 (Qld), and sign it with capacity in front of an eligible witness before your attorney accepts the appointment. A general power of attorney (Form 1) covers financial matters and ends if you lose capacity; an enduring power of attorney (Form 2 or Form 3) can also cover personal and health matters and continues after you lose capacity.
Quick answer: While you have capacity, complete the correct Queensland approved form (Form 1 for a general power of attorney; Form 2 or Form 3 for an enduring one), sign it before an eligible witness who is not your relation, attorney or will beneficiary, and have each attorney sign to accept.
General information only. This article explains the Queensland process in general terms and is not legal advice. Approved forms and requirements under the Powers of Attorney Act 1998 (Qld) can change; confirm the current forms and get advice for your situation before signing.
Key Takeaways
- A general power of attorney (Form 1) covers financial decisions only and ends if you lose capacity.
- An enduring power of attorney (Form 2 or Form 3) can cover financial and personal/health decisions and continues after you lose capacity.
- You must have decision-making capacity when you make the document, and it must be signed before an eligible witness (JP, C.dec, notary or lawyer).
- Your attorney must sign to accept the role. The witness to an enduring document cannot be an attorney, a relation of you or an attorney, a beneficiary under your will, or (for personal/health powers) your paid carer or health provider.
- Use the current Queensland approved form; keep the original safe and give certified copies to banks and others who will rely on it.
The Two Types of Power of Attorney in Queensland
Queensland recognises two kinds of power of attorney, and choosing the right one is the most important decision in the process. The difference comes down to what the document covers and whether it survives a loss of capacity.
General power of attorney (Form 1)
A general power of attorney lets you appoint someone to make financial and property decisions for you, but only while you still have capacity. It is typically used for a defined purpose or period — for example, while you are travelling overseas or recovering from illness — and it automatically ends if you lose the capacity to make your own decisions. Because it does not survive incapacity, a general power of attorney is not a substitute for planning for the future. To understand the concept more broadly, see our guide on what a power of attorney is.
Enduring power of attorney (Form 2 or Form 3)
An enduring power of attorney (EPA) is the document most people need for long-term planning. Unlike a general power of attorney, it continues to operate after you lose capacity, which is exactly when it is most needed. An EPA can cover two kinds of decisions: financial matters, and personal matters (which include health care). You choose which powers to give, and you can set when they start — financial powers can begin immediately or only on loss of capacity, while personal and health powers can only be exercised while you lack capacity. Our guide on the role of an enduring power of attorney explains how it fits into an estate plan.
Financial versus personal and health decisions
It helps to separate the two decision types before you complete a form. Financial powers cover things like paying bills, operating bank accounts, and dealing with property. Personal and health powers cover where you live, your day-to-day care, and medical treatment. You can appoint the same attorney for both or different attorneys for each. Our detailed guide on delegating financial versus personal and health decisions compares the two in depth.
Capacity: The Essential Legal Requirement
You can only make a valid power of attorney if you have decision-making capacity at the time you sign. Capacity means you understand the nature and effect of the document — what powers you are giving, to whom, and that the attorney can make binding decisions for you. For an enduring power of attorney, the witness must certify that you appeared to have the capacity necessary to make it.
This is why leaving a power of attorney too late is risky: once capacity is lost, it is generally too late to make one, and the alternative is a formal application to the Queensland Civil and Administrative Tribunal (QCAT). Our guide on capacity and enduring powers of attorney explains how capacity is recognised and proven.
Step-by-Step: How to Make a Power of Attorney
- Choose the type. Decide whether a general power of attorney (short-term, financial, ends on incapacity) or an enduring power of attorney (long-term, continues through incapacity) suits your needs.
- Choose your attorney(s). Pick people you trust completely. You can appoint more than one and decide whether they act jointly (together) or severally (independently), and name a successor in case an attorney can no longer act.
- Decide the powers and timing. Select which financial and, for an EPA, personal/health matters are covered, and when the powers begin.
- Complete the approved form. Use Form 1 for a general power of attorney, or Form 2 (short) or Form 3 (long) for an enduring power of attorney.
- Sign before an eligible witness. Sign with capacity in front of an eligible witness (see below). The witness completes a certificate.
- Have your attorney accept. Each attorney signs to accept the appointment before they can act.
- Store and distribute. Keep the original safe and give certified copies to your attorney, bank and anyone else who will rely on it.
Choosing and Appointing Your Attorney
The person you appoint — your attorney — will have real authority over your money or your welfare, so this choice deserves careful thought. You can appoint one attorney or several, and how they are appointed changes how decisions are made.
Before naming someone, check they can legally act. Under section 29 of the Powers of Attorney Act 1998 (Qld), an attorney for an enduring document must be at least 18, have capacity, not be your paid carer (or a paid carer in the previous three years), not be your health provider, and not be a service provider for a residential service where you live. For financial matters, the attorney must not be bankrupt or insolvent. The Public Trustee or a trustee company can act as a financial attorney, and the Public Guardian can act for personal matters.
| An enduring attorney must | An enduring attorney must NOT be |
|---|---|
| Be at least 18 years old | Your paid carer (or one in the last 3 years) |
| Have decision-making capacity | Your health provider |
| Be willing to accept the role in writing | A service provider for your residential service |
| (For financial matters) be solvent | Bankrupt or insolvent, for financial matters |
You may appoint more than one attorney, but you cannot appoint more than four joint attorneys for the same matter under an enduring power of attorney. If you appoint multiple attorneys for personal or health matters without saying how they must act, the default under the Act is that they must act jointly — so leaving that section blank can produce a result you did not intend.
- One attorney. Simple, but leaves no backup if that person becomes unavailable, which is why a successor is worth naming.
- Multiple attorneys, jointly. They must agree and act together on every decision. This builds in oversight but can cause delay if one is unavailable.
- Multiple attorneys, severally. Each can act independently. This is convenient but offers less mutual checking.
- Successive attorneys. You can name a substitute who steps in only if your first choice cannot act.
Whoever you choose takes on legal duties. An attorney must act honestly and with reasonable diligence, act in your interests, keep their money and property separate from yours, keep records, and avoid conflicts of interest. These are legal duties, not just guidance: an attorney who breaches them can be personally liable and may be ordered by QCAT to compensate for any loss (sections 106 to 107). Understanding these obligations helps you appoint someone who is genuinely up to the task, and it helps your attorney act correctly once the document is in force. If concerns about an attorney’s conduct later arise, our guide on resolving conflicts and allegations of abuse explains the options.
Talk to the people involved
Before you sign, tell your proposed attorneys what you expect and confirm they are willing to take on the role, since each must sign to accept it. A short conversation now prevents confusion and disputes later, and it lets you appoint a different person if someone is reluctant.
Who Can Witness a Power of Attorney
Witnessing is where enduring powers of attorney most often go wrong. An enduring power of attorney (Form 2 or Form 3) must be signed in front of an eligible witness who then completes a witnessing certificate. A general power of attorney (Form 1) must be in the approved form and signed, but it does not carry the same strict eligible-witness certificate regime that applies to enduring documents.
Under the Powers of Attorney Act 1998 (Qld), an eligible witness for an enduring document must be a justice of the peace, commissioner for declarations, notary public, or an Australian lawyer (section 31). Just as important is who is disqualified from witnessing. The witness must NOT be any of the following:
| The witness must NOT be | Why |
|---|---|
| The principal (or the person signing for the principal) | You cannot witness your own document |
| An attorney under the document | Direct conflict of interest |
| A relation of the principal | Most common cause of a voided enduring power of attorney — “relation” is defined broadly (see below) |
| A relation of an attorney | Also disqualified |
| A beneficiary under the principal’s will | Frequently overlooked — a will beneficiary cannot witness |
| The principal’s paid carer or health provider (for personal/health powers) | Applies where the document gives power over personal or health matters |
The word “relation” is defined broadly under the Act: it includes your spouse and people related to you by blood, marriage, adoption, a de facto relationship, or a foster relationship. This is why a well-meaning adult child, sibling or spouse who happens to be a justice of the peace generally cannot witness your enduring power of attorney — they are a relation of the principal, and are often also a beneficiary under the will. Choosing an independent JP, commissioner for declarations or lawyer avoids this trap.
Receiving the Centrelink Carer Payment or Carer Allowance does not make someone a “paid carer” for these purposes, so a spouse or child on a carer benefit is not disqualified from acting as your attorney (though as a relation they still cannot witness the document).
A general power of attorney has lighter witnessing requirements than an enduring power of attorney, but using an eligible witness is good practice for both.
The Queensland Approved Forms
Queensland powers of attorney must be made on the current approved form. Using an out-of-date form is a common reason a document is rejected.
| Form | Purpose | Act reference |
|---|---|---|
| Form 1 | General power of attorney (financial only) | Powers of Attorney Act 1998 (Qld) |
| Form 2 | Enduring power of attorney — short form | Approved form under the Act (formal requirements: s 44) |
| Form 3 | Enduring power of attorney — long form | Approved form under the Act (formal requirements: s 44) |
The enduring power of attorney forms were last updated to Version 4 (approved for use from 30 November 2020). Because approved forms are updated from time to time, always download the current version before you sign.
Registering the Document to Deal With Land
An enduring power of attorney is valid without any general registration. But if your attorney needs to buy, sell, mortgage or otherwise deal with Queensland real estate on your behalf, the power of attorney must first be registered with Titles Queensland. This is done by lodging a Form 16 (Request to Register Power of Attorney) under the Land Title Act 1994 (Qld), together with the original document or a certified copy.
This step catches many families out when they are trying to sell a parent’s home to fund aged care. It is worth doing early rather than under time pressure. Note that once the document is registered, an image of it may appear on a publicly searchable register, so consider timing if privacy is a concern.
An enduring power of attorney for personal and health matters is related to, but different from, an Advance Health Directive. An Advance Health Directive records your specific wishes about future medical treatment and is made under the same Act; a power of attorney appoints a person to decide for you. Many people benefit from having both.
Common Pitfalls and How to Avoid Them
- Leaving it too late. If capacity is already lost, you cannot make a power of attorney and QCAT involvement may be needed.
- Choosing the wrong attorney. An attorney has significant power; appoint someone trustworthy and consider appointing more than one for oversight.
- Using an invalid witness. An enduring power of attorney witnessed by an ineligible person can be invalid.
- Using an outdated form. Always use the current approved form.
- Failing to specify joint or several appointment. Not stating how multiple attorneys must act causes practical delays.
For a fuller list, see our guide on common mistakes when creating or using a power of attorney.
QCAT and Powers of Attorney
The Queensland Civil and Administrative Tribunal (QCAT) has an important role where a power of attorney is unavailable or in dispute. If a person loses capacity without a valid enduring power of attorney, QCAT can appoint an administrator (for financial matters) or a guardian (for personal matters). QCAT can also review an attorney’s conduct or resolve disputes. To understand how these appointments compare, see our guides on powers of attorney versus guardianship orders and resolving conflicts and allegations of abuse.
Costs and Fees
You can obtain the approved forms free of charge, so a do-it-yourself power of attorney can cost nothing beyond witnessing. However, having a lawyer prepare or review the document is often worthwhile, particularly for enduring powers of attorney or complex family or financial situations, and professional fees vary. Certified copies may attract a small fee depending on who certifies them.
Maintaining, Updating and Revoking
A power of attorney is not set-and-forget. Review it after major life changes such as marriage, divorce, or the death of an attorney. You can revoke a power of attorney at any time while you still have capacity, by making a signed, witnessed revocation and telling your attorney and anyone relying on the document.
Some events revoke a power of attorney automatically. Under the Powers of Attorney Act 1998 (Qld), an enduring power of attorney is revoked or affected by making a later enduring document (section 50); your death (section 51); your marriage, unless the document says otherwise (section 52) — which works differently from how marriage revokes a will; divorce, which revokes the appointment of your former spouse as an attorney (section 53); and bankruptcy of an attorney, for financial matters (section 57). Our guide on updating or revoking a power of attorney sets out the steps.
Example Scenario
Priya, 68, wants to plan ahead. She makes an enduring power of attorney using Form 3, appointing her two adult children jointly for financial matters and her spouse for personal and health matters. She signs before a solicitor (an eligible witness), her children and spouse each sign to accept, and she gives certified copies to her bank and GP. Years later, when Priya loses capacity, the EPA lets her family manage her affairs immediately — without any application to QCAT.
Frequently Asked Questions
What is the difference between a general and enduring power of attorney in Queensland?
A general power of attorney covers financial matters and ends if you lose capacity. An enduring power of attorney continues after loss of capacity and can also cover personal and health decisions.
Which form do I need?
Form 1 for a general power of attorney, or Form 2 (short) or Form 3 (long) for an enduring power of attorney.
Who can witness an enduring power of attorney?
An eligible witness under section 31 (a justice of the peace, commissioner for declarations, notary public, or lawyer) who is not the principal, an attorney, a relation of you or an attorney, a beneficiary under your will, or (for personal/health powers) your paid carer or health provider.
Do I need a lawyer to make a power of attorney?
No, the approved forms are free to use, but legal advice is recommended for enduring powers of attorney and complex situations.
Can I make a power of attorney if I have lost capacity?
No. You must have decision-making capacity when you sign. If capacity is lost, an application to QCAT may be needed instead.