Make an Enduring Power of Attorney

Step 1: Prepare to make your Enduring Power of Attorney

• Read the Enduring Power of Attorney explanatory guide (PDF).
• Get legal advice if you are unsure about any part of the process.
• Consider whether you would like to appoint the same attorney(s) for both personal. (including health) matters and financial matters, or different attorney(s) for each.
• Understand the responsibilities and powers you are giving your attorney.
• Decide who you want to appoint as your attorney(s) and discuss this with them.
• Ensure you are making the decision without pressure.

Step 2: Choose the right form for you

To appoint attorney(s) for:

• both personal (including health) and financial matters. Use the Enduring Power of Attorney—Short Form (Form2).
• different personal (including health) matters and financial matters. Use the Enduring Power of Attorney—Long Form (Form 3).

You can either:

• download the form you need, or
• buy a copy  from a Queensland news agent or stationery supplier.

Step 3: Complete the form

Complete the form with the details of your attorney(s) and the powers you want them to have.

Step 4: Sign the form in the presence of a witness

You must sign the Enduring Power or Attorney form in the presence of an eligible witness. This could be a:

• Justice of the Peace
• Notary public.
• Lawyer
• Commissioner for Declarations.

The witness must:

• be present when you sign the form
• ensure you are signing the document voluntarily and without pressure.
• certify that you appeared to understand the document and what it means for you

Step 5: Have your attorney(s) sign the form

Your attorney(s) must sign the form to accept the appointment. This can be done after you sign the document, but they must sign before they can act on your behalf.

Step 6: Certify copies of the Enduring Power of Attorney (if required)

Get copies of the document certified (if required), and give them to:

• your bank
• other organisations.
• your lawyer

You will need to take the original document and copies to an authorised certifier. This could be a:

• Justice of the Peace
• Notary public.
• Lawyer
• Commissioner for Declarations.

Step 7: Keep and distribute copies to relevant parties

• Keep the original copy of your Enduring Power of Attorney in a safe place.
• Tell close family and friends that you have made an Enduring Power of Attorney and where it is.
• Provide certified copies of your Enduring Power of Attorney to
  • your lawyer
  • your bank
  • relevant parties
  • your attorney

Step 8: Register the Enduring Power of Attorney (if required)

Before your attorney(s) can deal with land in Queensland, the document must be registered with the Queensland Titles Registry.

• Submit a Request to Register Power of Attorney/Revocation or Power of Attorney Form (Form 16)
• Include a certified copy of the Enduring Power of Attorney.