Attorney Duties Under an Enduring Power of Attorney in Queensland

Being Named as an Attorney Means You're a Fiduciary

Accepting an appointment under a Queensland Enduring Power of Attorney isn't an honorary title. The moment you sign the acceptance panel on Form 2 or Form 3, you take on strict fiduciary obligations under the Powers of Attorney Act 1998 (Qld) and the General Principles in the Guardianship and Administration Act 2000 (Qld). Breaking them exposes you to personal liability, QCAT intervention, and potential criminal charges.

Here's what Queensland actually expects of you.

Your Core Obligations

The Office of the Public Guardian summarises the attorney's role around five duties. In practice, they break down into detailed, ongoing requirements:

Always act in the principal's interest, not your own. Every financial, healthcare, or personal decision must protect and promote the principal's wellbeing. If there's a conflict between what benefits you and what benefits them, their interest wins — always.

Support the principal's own decision-making first. Even after incapacity is established, you must try to involve the principal in decisions. Consult their known wishes, values, and preferences. Only when that fails should you apply substituted judgment — asking what the principal would have decided based on everything you know about them.

Keep the principal's assets entirely separate from yours. Maintain dedicated bank accounts. Don't deposit their pension into your personal account "for convenience." If property was jointly owned before the EPOA activated, that arrangement continues, but you cannot create new co-mingled assets.

Keep meticulous records. Every transaction, every bank statement, every invoice and receipt. The OPG or QCAT can demand a full accounting at any time, and "I lost the paperwork" is not a defence. The Public Trustee charges $6,000 to $8,400 annually for financial administration — your free service only stays free while you can demonstrate clean books.

Conflict Transactions: The Rules That Trip People Up

A conflict transaction is any dealing where your personal interest competes with your duty to the principal. The most common example: buying the principal's property or vehicle at a family-friendly price. Under Queensland law, you cannot enter a conflict transaction unless:

• The principal explicitly authorised it in Section 3 of the EPOA form before losing capacity, or retrospectively authorises it while still having capacity, or
• QCAT grants specific approval after the fact

Until one of those authorisations applies, the attorney has acted contrary to the Act. It doesn't matter that the price was fair, that other family members agreed, or that it "saved the estate money." The rule is structural, not outcome-based.

What counts as a conflict transaction:

• Purchasing the principal's house, car, or personal belongings
• Lending yourself money from the principal's accounts
• Directing the principal's investments into a company you control
• Paying yourself a fee for your services (unless QCAT authorises it)
• Using the principal's funds to renovate a property you'll inherit

Gift limitations are equally strict. You can continue the principal's established pattern of giving — birthday presents, charitable donations, regular family gifts — but only at historically reasonable amounts relative to the principal's overall financial position. Attorneys must never make gifts to themselves or their own family members from the principal's estate.

What Happens When You Get It Wrong

The Office of the Public Guardian can investigate you at any time — they don't need a court order to start. If someone reports suspected misuse, the OPG has the power to:

• Demand a full account of all transactions
• Temporarily suspend your powers while investigating
• Refer the matter to QCAT for formal review

QCAT can then revoke your appointment, appoint an alternative administrator, and order you to personally repay any losses to the principal's estate. In cases of deliberate fraud or financial exploitation, the matter can be referred to Queensland Police for investigation and possible criminal prosecution under the Criminal Code Act 1899 (Qld).

Practical Steps to Stay Compliant

If you've been appointed as an attorney, protect yourself by setting up clean administrative habits from day one:

1. Open a dedicated bank account for the principal's expenses — not a sub-account of your own
2. Keep a transaction register with date, amount, payee, and purpose for every payment
3. Store all receipts digitally (scan or photograph) and back them up
4. Never sign documents that benefit you without checking whether QCAT authorisation is needed
5. Document the principal's known wishes in writing while they can still communicate preferences
6. Consult other family members on major decisions — not because the law requires consensus, but because transparency prevents disputes

The Queensland Power of Attorney Kit includes a printable conflict transaction clause guide and a record-keeping template designed for Queensland attorneys who want to stay on the right side of their fiduciary duties from the start.

The Accountability Standard Is Higher Than Most People Expect

The gap between what families assume the attorney role involves (paying some bills, signing some forms) and what Queensland law actually demands (full fiduciary accountability with potential personal liability) catches most people off guard. Understanding your obligations before you sign the acceptance panel is significantly cheaper than discovering them during an OPG investigation.

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