Dementia and Power of Attorney in Queensland

Can Someone With Dementia Sign an EPOA?

It depends on the stage. Queensland law doesn't automatically disqualify someone with a dementia diagnosis from signing an Enduring Power of Attorney. What matters is whether the person has decision-making capacity at the specific moment they sign — not whether they have a diagnosis.

Under Section 41 of the Powers of Attorney Act 1998, the principal must understand:

• That they're appointing someone to make decisions for them
• The scope of those decisions (financial, personal, healthcare)
• That they can revoke the appointment
• What could go wrong if the attorney acts improperly

Early-stage dementia often leaves these capacities intact. A person might struggle with short-term memory or word-finding while still understanding the nature and consequences of an EPOA. Capacity can fluctuate — someone may have clearer moments during the day, or better days and worse days.

The critical question isn't the diagnosis. It's whether the person understands these four things at the time they sign.

The Timing Problem

Dementia is progressive. The capacity window narrows over time, and there's no way to predict exactly when it will close. Families often delay because the parent seems "fine most of the time" or because the conversation feels uncomfortable — and then a medical event or rapid decline slams the window shut.

Once a medical practitioner determines that the person permanently lacks decision-making capacity, no EPOA can be created. The only remaining option is a QCAT tribunal application, which is slower, more expensive, and gives the family less control over who gets appointed.

If a parent has been diagnosed with early-stage dementia, the time to act is now — not after the next assessment, not after the next family meeting, now.

Getting It Done Safely

When capacity is in question, extra safeguards during execution protect the document from future challenges:

Schedule a GP assessment for the day of signing. Ask the parent's doctor to complete a written capacity assessment confirming the parent understood the nature and effect of the document. This creates a contemporaneous medical record that's extremely difficult to challenge later.

Choose the right time of day. Many people with early dementia are sharper in the morning. Schedule the signing for a time when the parent is typically most alert.

Use an independent witness. A solicitor or JP with no connection to the family provides the strongest witness evidence. The witness must independently form a view about capacity — they shouldn't just defer to the GP.

Choose the form that matches the arrangement. Form 2 (Short Form) is for the same attorney or attorneys for the matters being covered; Form 3 (Long Form) is for different attorneys for personal/health and financial matters. Appointing one trusted attorney rather than a complex joint arrangement also reduces the cognitive load.

Don't combine with other documents. If you're also doing a Will and Advance Health Directive, spread them across separate appointments on separate days. Fatigue degrades capacity, and a challenge to one document could taint all documents signed in the same session.

What If There's No EPOA and Capacity Is Already Gone

If a parent has moderate or advanced dementia and never signed an EPOA, the family has one path: apply to QCAT for a guardianship order (for personal decisions), an administration order (for financial decisions), or both.

The process requires:

1. A Health Professional Report from the parent's treating doctor, confirming the person lacks decision-making capacity
2. QCAT Form 10 — the application for guardianship or administration
3. A Financial Management Plan (if seeking financial administration), detailing the parent's assets, income, and liabilities
4. A tribunal hearing where QCAT evaluates the medical evidence and family dynamics

There's no filing fee, but legal costs for an uncontested application run $3,500 to $8,000. Contested matters — where family members disagree about who should be appointed — can exceed $15,000. The process typically takes three to six months, during which bank accounts and property are frozen.

If QCAT decides no family member is suitable (due to conflict, distance, or financial concerns), the tribunal appoints the Public Trustee for financial matters. The Public Trustee charges ongoing administration fees that can exceed $6,000 to $8,400 annually.

Managing a Parent's Affairs Under an Existing EPOA

If an EPOA is already in place and the parent's dementia progresses, the attorney's obligations become more demanding over time. Under the Guardianship and Administration Act 2000, the attorney must:

Follow the General Principles. The attorney must make decisions that protect and promote the parent's interests, not their own. They must consider the parent's views and wishes — even if the parent can no longer articulate them clearly, their historical preferences, values, and lifestyle choices should guide decisions.

Keep finances separate. The attorney must never mix the parent's funds with their own. Joint accounts that predated the EPOA are acceptable, but the attorney cannot open new joint accounts or redirect the parent's income to their personal use.

Maintain detailed records. Every transaction, payment, and financial decision must be documented. The Office of the Public Guardian can investigate the attorney's management, and incomplete records create suspicion even when the attorney has acted properly.

Avoid conflict transactions. The attorney cannot purchase the parent's property, lend the parent's money to themselves, or enter any transaction where their interests conflict with the parent's — unless the EPOA explicitly authorises it or QCAT approves it.

The Financial Reality

A valid EPOA costs nothing to create using the free government forms, or $216.25 through the Public Trustee. The market research identifies basic solicitor fixed-fee packages at $800+. The QCAT alternative — triggered only because the EPOA wasn't done in time — costs $3,500 to $15,000+ upfront, freezes assets for months, and potentially subjects the parent's estate to ongoing Public Trustee fees for the rest of their life.

The Queensland Power of Attorney Kit walks families through the capacity-sensitive execution process, including the timing considerations, same-day medical assessment protocols, and signing sequence required to create an EPOA that will hold up when it's needed.

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