An Enduring Power of Attorney (POA) is a legal document. It allows you to appoint a person to make decisions about your assets. The POA deals with your assets e.g. real estate and bank accounts.
A QLD Enduring POA is a legal document. Your Queensland Enduring POA allows you to appoint a person to make decisions about your assets. The Queensland POA deals with your assets e.g. Queensland real estate and Australia wide bank accounts.
The QLD POA is an “economic” document. Your Queensland POA does not deal with your health treatments or lifestyle. To do this, instead, build a Medical Queensland POA on our website. Also, the person receiving your QLD EPA cannot:
* vote in any elections Queensland elections
* make a Will
* sign another POA in any Australian State
* act as a Trustee
* control your body (you need to build a Medical QLD POA on our website for that)
However, the person receiving your Enduring Queensland POA, can open and close bank accounts, pay debts, and buy and sell land. This is provided it is in your ‘best interests’ to do so.
Here are some examples:
The persons you appoint walk into the bank and present to the bank clerk with your Savings Account book and your QLD POA. Your bank clerk stares blankly at them. He sees his bank manager. The manager explains to the bank clerk that those persons “now stand in your shoes”. They can do whatever you could do with the bank account. The manager asks to take a copy of the Enduring QLD POA for future reference. The bank manager tries to keep the original QLD POA but the persons you nominate decline and gets back the QLD POA. The transaction on the bank account takes place.
You tell the persons that you nominated, to sign a lease agreement. You are on holidays overseas and email is unavailable. Your attorney contacts the landlord with your Queensland POA. They:
1. tell the landlord that there is a QLD POA
2. tell the landlord that they are signing the lease on your behalf
3. they sign in their usual signature area and write under the signatures “signed as attorney for *your name* under a QLD Enduring POA dated ## Month, year”.
You are now bound to the lease. The landlord may photocopy the QLD POA to attach to the lease.
For legal advice telephone us. We are a law firm. We can help you answer the questions as you build your Enduring Queensland POA.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide law firm
Mobile: 0477 796 959
National: 1800 141 612
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