Enduring Power of Attorney
$108 includes GST
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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.
What is a QLD Enduring Power of Attorney?
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.
What can’t the QLD POA do?
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.
How does the person receiving my QLD POA actually use the Queensland Power of Attorney?
Here are some examples:
Example 1 – Using your bank account using your Queensland POA
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.
Example 2 – Signing your QLD Enduring POA
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.
Protects from death duties, divorcing and bankrupt children and a 32% tax on super. Build online with free lifetime updates:
Couples Bundle
includes 3-Generation Testamentary Trust Wills and 4 POAs
Singles Bundle
includes 3-Generation Testamentary Trust Will and 2 POAs
Death Taxes
- Australia’s four death duties
- 32% tax on superannuation to children
- Selling a dead person’s home tax-free
- HECs debt at death
- CGT on dead wife’s wedding ring
- Extra tax on Charities
Vulnerable children and spend-thrifts
- Your Will includes:
- Divorce Protection Trust if children divorce
- Bankruptcy Trusts
- Special Disability Trust (free vulnerable children in Wills Training Video)
- Guardians for under 18-year-old children
- Considered person clause to stop Will challenges
Second Marriages & Challenging Will
- Contractual Will Agreement for second marriages
- Wills for blended families
- Do Marriages and Divorce revoke my Will?
- Can my lover challenge my Will?
- Make my Will fair: hotchpot clauses v Equalisation?
What if I:
- have assets or beneficiaries overseas?
- lack mental capacity to sign my Will?
- sign my Will in hospital or isolating?
- lose my Will or my home burns down?
- have addresses changed in my Will?
- have nicknames and alias names?
- want free storage of my Wills and POAs?
- put Specific Gifts in Wills
- build my parent’s Wills?
- leave money to my pets?
- want my adviser or accountant to build the Will for me?
Assets not in your Will
- Joint tenancy assets and the family home
- Loans to children, parents or company
- Gifts and forgiving a debt before you die
- Who controls my Company at death?
- Family Trusts:
- Changing control with Backup Appointors
- losing Centrelink and winding up Family Trust
- Does my Family Trust go in my Will?
Power of Attorney
- Money POAs: NSW, VIC, QLD, WA, SA, TAS, ACT & NT
- be used to steal my money?
- act as trustee of my trust?
- change my Superannuation binding nomination?
- be witnessed by my financial planner witness?
- be signed if I lack mental capacity?
- Medical, Lifestyle, Guardianships, and Care Directives:
- Company POA when directors go missing, insane or die
After death
- Free Wish List to be kept with your Will
- Burial arrangements
- How to amend a Testamentary Trust after you die
- What happens to mortgages when I die?
- Family Court looks at dead Dad’s Will