Alternatives to the Queensland Public Trustee for Advance Care Planning

If you're looking for alternatives to the Queensland Public Trustee (QPT) for your advance care planning, the strongest option for most families is self-managed planning with a structured kit — appointing a trusted family member or friend as your attorney under an EPOA, supported by a properly executed Advance Health Directive. The Public Trustee path carries ongoing fees that most people don't fully understand until they're already committed, and the QPT's role is administrative, not personal — they follow instructions, but they don't know your values, your family dynamics, or your care preferences.

Why People Default to the Public Trustee

The Queensland Public Trustee is often the path of least resistance. They're a government institution, they're available to anyone regardless of family circumstances, and they're perceived as a safe, neutral choice — especially for people who don't have a trusted family member or friend willing to serve as attorney.

For a specific subset of people — those with no suitable family member, no close friend, and no one willing to take on the responsibility — the Public Trustee is a legitimate option. It exists for a reason.

But most Queenslanders who choose the QPT don't fall into that category. They choose it because they assume it's free or cheap, because they don't want to burden a family member, or because they don't know how to set up private attorney appointments. For those people, understanding the real costs and the available alternatives matters.

The Real Costs of Public Trustee Administration

Following investigations by ABC's Four Corners and 7.30, the QPT was criticised for charging high administrative fees that can deplete smaller estates. Here's how the fee structure actually works:

The QPT uses a "standard units of effort" model rather than simple commissions. Each administrative task is assigned a unit value:

For a basic estate with a home, car, and superannuation — which describes the majority of Queensland households — these units translate to significant ongoing administrative charges.

Two recent policy changes have increased the cost:

1. Fee waiver removed (1 July 2025): The QPT previously waived its fee for EPOA drafting when it was appointed as the primary attorney. That waiver was removed to satisfy competitive neutrality requirements and focus resources on vulnerable individuals. EPOA preparation through the QPT now carries a fee.

2. 3.4% fee increase (1 July 2026): All QPT fees increased under the Queensland Government's standard indexation policy. This compounds annually.

The practical impact: for a modest Queensland estate (family home, vehicle, superannuation), QPT administration fees over the lifetime of the arrangement can run into thousands of dollars. A self-managed EPOA with a private attorney has zero ongoing administrative fees — the attorney serves in a personal capacity at no charge.

The Four Main Alternatives

1. Self-Managed Planning with a Private Attorney

How it works: You appoint a trusted family member or friend as your attorney under a Form 2 (Short EPOA) or Form 3 (Long EPOA), execute your own Advance Health Directive (Form 4), and manage the documents yourself.

Cost: A one-time cost for a planning kit ( for the Queensland Advance Directive & Living Will Kit) or free if you work directly from the government forms. No ongoing fees.

Best for: Anyone with a trusted family member or friend willing to serve as attorney — which covers the majority of Queenslanders.

Limitations: You need to identify someone willing and capable of serving as attorney. The AHD requires the GP consultation and capacity certificate; the applicable documents also require an eligible witness and attorney acceptance where applicable.

2. Private Solicitor-Prepared Documents

How it works: A solicitor prepares your AHD, EPOA, and will, provides tailored legal advice, and stores the original documents.

Cost: $350–$1,000 for an EPOA alone; $2,000–$4,500 for a complete estate plan.

Best for: Complex estates with testamentary trusts, high-value assets, or contested family dynamics. Also appropriate when capacity is uncertain and you need the solicitor's file notes as evidence.

Limitations: Expensive, and most solicitors don't provide clinical phrasing guidance for the AHD — they handle the legal structure but leave the treatment directions vague.

3. Community Legal Centres

How it works: Queensland's community legal centres (CLCs) offer free or low-cost legal assistance for eligible individuals. Some CLCs run advance care planning clinics or can help you complete the statutory forms.

Cost: Free for eligible clients (typically means-tested).

Best for: Low-income individuals and families who can't afford a private solicitor and need help understanding the forms.

Limitations: Availability varies by location and demand. Wait times can be significant. Not all CLCs cover advance care planning — many focus on family law, tenancy, or criminal matters.

4. Private Professional Trustee or Attorney

How it works: A private trustee company (such as Perpetual or Australian Unity) can be appointed as attorney or trustee for high-value or complex estates.

Cost: Ongoing management fees, typically a percentage of assets under management (often 1–3% annually).

Best for: High-net-worth estates where professional financial management is genuinely needed and the family prefers institutional administration over a family member.

Limitations: Expensive — often more expensive than the Public Trustee. Not suitable for modest estates. The same impersonal administration problem as the QPT, at a higher price point.

The Self-Managed Path: What You Need

For most families, the strongest alternative to the Public Trustee is doing it yourself — appointing a trusted person as attorney and executing the documents correctly. Here's what that requires:

An AHD (Form 4) — your binding treatment directions. The Public Trustee doesn't make clinical decisions for you; they defer to your AHD or your nominated health attorney. By writing your own AHD with specific clinical phrasing, you retain control over your healthcare regardless of who administers your affairs.

An EPOA (Form 2 or Form 3) — your appointment of a private attorney. The Short Form works for simple situations (one attorney for all matters). The Long Form lets you split health and financial powers between different people, impose conditions, and set up succession.

A planning kit that covers the gaps — the government forms are free but provide no guidance on clinical phrasing, execution sequence, GP consultation prep, document storage, or family conversations. A structured planning kit fills these gaps at a one-time cost, with no ongoing fees.

Who This Is For

• Queenslanders who have been considering the Public Trustee but have a trusted family member or friend who could serve as attorney
• Families who want to avoid the QPT's ongoing fee structure, particularly the "units of effort" charges on real property and superannuation
• Anyone who wants personal, values-driven care decisions rather than institutional administration
• Budget-conscious planners who can't justify $2,000–$4,500 for a solicitor but want more guidance than the blank government forms provide

Who This Is NOT For

• People with genuinely no suitable person to appoint as attorney — the Public Trustee exists for this situation, and it's the right choice when no private alternative is available
• Individuals under active QCAT guardianship orders — changing from QPT administration to a private attorney requires a QCAT application to vary the order
• High-net-worth estates requiring professional financial management that exceeds what a family member can provide

Tradeoffs

Self-managed planning gives you: Zero ongoing fees, personal attorney who knows your values and family, control over your treatment directions, and flexibility to update documents as circumstances change.

The Public Trustee gives you: Institutional continuity (they don't move away, get sick, or die), professional administration for complex financial matters, and availability regardless of family circumstances.

The honest assessment: If you have someone — a spouse, adult child, sibling, or trusted friend — willing to serve as your attorney, self-managed planning with a structured kit is better on every dimension except institutional continuity. The Public Trustee charges ongoing fees for a service that a trusted person provides for free, and the QPT's administration is institutional rather than personal — they'll manage your bank accounts, but they won't visit you in hospital to advocate for the care you actually wanted.

The Queensland Advance Directive & Living Will Kit includes the 12-chapter guide (with a full chapter on avoiding the Public Trustee, including the real fee structure), 20-item quick-start checklist, and eight fillable worksheets that cover every step from deciding your treatment preferences to storing your completed documents.

Frequently Asked Questions

Can I switch from the Public Trustee to a private attorney?

Yes, if you still have capacity. You can revoke an existing EPOA that names the QPT using Form 6 and execute a new EPOA naming a private attorney. If you've already lost capacity and are under a QCAT order, the change requires a QCAT application to vary the order — which is more complex and may involve a hearing.

Is the Public Trustee free?

No. The QPT removed its EPOA preparation fee waiver on 1 July 2025, and all administration fees increased by 3.4% on 1 July 2026. Ongoing administration uses the "units of effort" model, which charges for each administrative task (property management, vehicle handling, superannuation claims). For a modest estate, these fees can amount to thousands of dollars over the life of the arrangement.

What if my private attorney can't serve when needed?

This is the succession planning question, and the Long Form (Form 3) EPOA handles it directly. You can name a successor attorney who steps in automatically if your primary attorney can't act — without needing a QCAT application. For the Short Form, you can name joint or several attorneys as a partial backup, but full succession planning requires Form 3.

What if I don't trust any family member to be my attorney?

Consider a trusted friend, a professional colleague, or your accountant. The attorney doesn't have to be a family member. If genuinely no one in your personal or professional network is suitable, the Public Trustee is the right choice — it exists specifically for this situation. The key question isn't "is the QPT good or bad?" but "do you have a better alternative?" For most people, the answer is yes.

Does the planning kit include the Public Trustee fee comparison?

Yes. Chapter 11 of the guide covers Public Trustee avoidance in detail — the "units of effort" fee structure, the 3.4% indexation increase, the competitive-neutrality changes, and the step-by-step private alternative. It's one of the most detailed sections because the cost comparison is what convinces most families to go the self-managed route.

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