Toowoomba City Library · no fee
Principal
Attorney · financial
Attorney · personal & health
Kathleen decides, at her kitchen table in Toowoomba.
She’s 74, sharp as ever, and she has seen what happens to families who wait. So she decides now — because an enduring power of attorney can only be made by an adult who has the capacity to make it: who understands what it does, and makes it freely and voluntarily. Not a document about decline; a document about deciding.
HOW: ON QUEENSLAND’S APPROVED FORM, WHICH THE GOVERNMENT GIVES AWAY FREE. THIS FILLS IT IN FROM YOUR ANSWERS, WORD FOR WORD.
James takes the numbers.
The bank, the bills, the rates, one day perhaps the house — financial matters go to her son. Kathleen ticks ‘immediately’, so James can start paying her bills now, while she can still decide for herself. Had she ticked nothing, the form says the power would begin immediately anyway.
Megan takes the care side.
Where she lives, her support services, her doctors — personal (including health) matters go to her daughter, who knows which care home Kathleen would actually tolerate. That power only ever operates during times Kathleen can’t decide for herself. Two attorneys with two different jobs: so Kathleen uses Form 3, the long form.
NOTE: AN ATTORNEY MUST BE 18 OR OVER, AND NOT YOUR PAID CARER IN THE LAST THREE YEARS OR YOUR HEALTH PROVIDER. AT MOST FOUR JOINT ATTORNEYS FOR A MATTER.
One witness, at the library.
Kathleen signs in front of a justice of the peace volunteering at the Toowoomba City Library: one eligible witness, in person, and no fee. The JP is not simply witnessing her signature — they certify that she appeared to understand what she was signing. That evening James and Megan sign their acceptance in section 5; until they do, neither can act.
Then, hopefully, nothing much.
There is no register to lodge it with. Kathleen keeps the original safe and gives certified copies to James, Megan, her doctor and her bank. James pays her bills from her account and keeps a record of every one, as the Act requires. Birthdays, grandchildren, the garden. Kathleen can revoke it at any time while she still has the capacity to make it.
Her rules, their hands.
Years later, a stroke. Kathleen can no longer make decisions about her care, and Megan’s power for personal and health matters now operates. If a hospital wants proof, a doctor’s certificate shows Kathleen’s impaired capacity. No tribunal, no stranger: Megan and James decide for her, guided by the views, wishes and preferences she wrote in section 2.
Prepare yours — $1