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One of the great mysteries in life is why bad things happen to good people. Unfortunately, the reality of the situation is that everyone does in fact get sick or injured at some stage in their lives, the question is simply how sick or injured does that one person get?
It is not farfetched to consider that you may experience a significant illness or injury in the future that will be fatal or impact your ability to make decisions about financial and personal matters. It is therefore important to ensure that you, your family members and your friends have adequate protection to minimise the consequences of those events.
An Enduring Power of Attorney is one such method of protection, as it is a legal document that allows a person over the age of 18 (the ‘principal’) to give another person or persons (the ‘attorney’) the authority to make legally binding decisions on behalf of the principal in the event the principal is unable to make decisions for themselves.
If a principal decides to create an Enduring Power of Attorney, the principal may wish to give the attorney the ability to make decisions about personal/health matters such as where to live or what health treatment to undergo, as well as financial matters such as accessing money to pay bills. This is important as it allows the attorney to look after the interests of the principal during times of vulnerability.
In circumstances where someone does not have an Enduring Power of Attorney and is unable to make decisions for themselves due to a loss of capacity, this creates a situation where family and/or friends cannot make legal decisions on behalf of that person without first being appointed as a guardian and/or financial administrator by the Queensland Civil and Administrative Tribunal. The difficulty with this however is that it can be stressful, timely and expensive; all of which can be avoided by simple planning.
Take for instance the following example:
Billy and Sarah own a house together in Mackay. Unfortunately Billy is involved in a traffic accident which results in him having permanent brain damage and being unable to make decisions for himself. Since the accident, Billy has been unable to work and requires full time care. In order to afford the health care required by Billy, Sarah needs to urgently sell their house.
Billy did not have an Enduring Power of Attorney. Upon making an enquiry with the bank, Sarah discovers that she will not be able to sell the house without Billy’s signature. As Billy did not have an Enduring Power of Attorney, Sarah will not be able to sell the house unless she is first appointed as a financial administrator by the Queensland Civil and Administrative Tribunal.
If there is one thing to learn from this scenario it is this; bad things do happen to good people, but only you can ensure that good things continue to happen to good people.
About the author
Kendell Bocos
Associate
LLB (Hons)
Kendell Bocos initially came to the firm as a Trainee Solicitor in January 2014 after completing a Bachelor of Laws with Honours at James Cook University in Townsville. He was admitted as a Solicitor of the Supreme Court of Queensland on 17 April 2015.
Kendell relocated to Townsville in 2018 and worked for another firm until returning to Macrossan & Amiet in January 2022.
In his spare time, Kendell enjoys spending time with family and friends.
About Macrossan & Amiet Solicitors
For over 100 years, Macrossan & Amiet Solicitors has been a leading local law firm in Mackay, with offices in Proserpine and Cannonvale servicing the Whitsundays region. Our experienced solicitors provide professional legal services to individuals, families and businesses across regional Queensland.
Whether you need representation in court, assistance buying or selling property, or advice on protecting your assets, our Mackay lawyers are committed to achieving the best possible outcome for you.
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