Power of Attorney in Queensland

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Understanding Wills and Power of Attorney on the Gold Coast

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Navigating the intricacies of the legal system can be daunting, especially when dealing with matters as critical as a Will or Enduring Power of Attorney. At Arcuri Turnbull Law, with over 40 years of experience, we bring clarity to these complex topics for our valued clients on the Gold Coast.

A Power of Attorney is a legally binding document that allows one person to give another the authority to make decisions on their behalf. These decisions can relate to personal, health, or financial matters, depending on the extent of the power given.

A valid Will is an important document that sets out what happens with your assets and possessions (your estate) at the time of your passing. A Will outlines who inherits your estate, and appoints an Executor to carry out the administration and distribution. If you do not have a valid will when you pass away, your estate will be administered pursuant to the Succession Act (Qld) 1981 as amended and can add considerably to the expense of administering your estate.

An Enduring Power of Attorney is a legally binding document that allows one person to give another the authority to make decisions on their behalf in certain circumstances, including when you lose capacity. When appointed, an attorney can make decision relating to personal/health when you lose capacity, or financial matters where the person giving the power can choose when the attorney’s power begins. (immediately, at a given time, or when you lose capacity). If there is more than one attorney you can also chose how they make decisions, either jointly, severally (any one of them can decide) or as a majority.

There are two types of Enduring Power of Attorneys in Queensland. The first is a Short Form Enduring Power of Attorney, where you can appoint the same attorneys for both personal/health matters and financial matters. The second type is a Long Form Enduring Power of Attorney, where you can appoint different attorneys in respect to personal/health matters and financial matters.

An Enduring Power of Attorney is an important legal document to ensure that if you lose capacity you have a trusted person who can make decisions in respect to your personal/health and financial matters when you are no longer able to. It is important to note that once you lose capacity you cannot make, change or revoke an Enduring Power of Attorney and if you do not have one, your loved ones will need to apply to QCAT to appoint someone to look after your personal/health and financial matters.

In Queensland, there are primarily two types of Power of Attorney:


General Power of Attorney

This type gives someone the authority to handle financial decisions on your behalf, but it becomes void if the principal becomes mentally incapacitated.


Enduring Power of Attorney

As the name suggests, an enduring power of attorney continues even if the principal loses their mental capacity. It can cover health, personal, and financial matters.

There are two types of Enduring Power of Attorneys in Queensland. The first is a Short Form Enduring Power of Attorney, where you can appoint the same attorneys for both personal/health matters and financial matters. The second type is a Long Form Enduring Power of Attorney, where you can appoint different attorneys in respect to personal/health matters and financial matters.

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Living on the scenic Gold Coast, we all want peace of mind knowing that our affairs are in trusted hands, especially during unforeseen circumstances. Implementing a power of attorney is proactive planning, ensuring that trusted individuals make decisions aligned with your best interests, should you ever be unable to do so.

Selecting someone to act on your behalf is a decision made with great care. Our team at Arcuri Turnbull Law is here to guide you, providing valuable insights and trusted expertise. We ensure that your power of attorney in QLD is structured effectively, reflecting your true wishes.

Being a cornerstone of the Gold Coast community for decades, we deeply understand the unique challenges and considerations that our clients face. Whether you’re contemplating an enduring power of attorney or need assistance in any other legal matter, we stand by you, offering trust, value, and results.

Reach out to Arcuri Turnbull Law today, and let our lifetime of experience be your guiding light in the world of legal complexities.

Our team are professional power of attorney advisers who understand your needs.

Our decades of experience and understanding of Power of Attorneys can give you the confidence that we are looking for the best legal solution for everyone involved.

Arcuri Turnbull Law is flexible and easily accessible, which means we can work remotely with you from anywhere, over the phone, virtually or in office. If you need legal assistance, we can help anyone, anywhere in Australia, with our specialists based on the Gold Coast and Northern NSW.

At Arcuri Turnbull Law, we work for the good of the client and pride ourselves on being fair, kind, knowledgeable and are known for getting to the heart of the problem and finding a better way to the right solution.

Our team of dedicated professionals are passionate, committed and genuine, with a client centric focus, and we treat all our clients in a compassionate and courteous manner.

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Contact our Gold Coast wills & estate team at Arcuri Turnbull Law today!

What truly stands out is the staff’s unwavering helpfulness and consideration. They take the time to understand our specific needs and tailor their services accordingly, providing a personalised experience that makes us feel valued and supported.

Nassim S.
Gold coast

Great legal work on our settlement. Plenty of communication and dealt with very professionally. Would use again for sure!

Andrew P.
Gold coast

Very efficient and knowledgeable and communicated with us regularly to achieve the best possible outcome.

Nick R.

Arcuri have dealt with all matters we have engaged them to handle, some quite complex. Excellent conveyancing services and outstanding legal advice from Lionel and Mick. Thorough, friendly and accessible throughout all processes.

Suzi C.

Arcuri Turnbull law have help my family and I with both conveyancing issues and Estate matters for a number of years.
They have always made the process, no matter what the issue, as stress free and as positive as possible. Glenda and Lionel are a fantastic team.

Helen J.

We had a great experience with Arcuri Turnbull Law who took care of the conveyancing in the purchase of our new home. This was our first home on the Gold Coast, and our first in Queensland for 13 years, and they made the process easy for us. Always friendly and helpful and very efficient.

Penelope G.

For approximately the past 10 years, I have chosen Arcuri Turnbull Law for all of my Legal matters, including the conveyancing and settlement of numerous property sales and purchases, and the formation of my Will.
I have always found them to be extremely helpful, knowledgeable, professional and approachable.
Their personalised service is outstanding, and I never feel like “just a number!”
I always feel assured that they are doing their utmost to assist me from a legal perspective, whilst at the same time offering me reassurance and instilling confidence.
Aimee is a pleasure to deal with, and her incredible knowledge base and interpersonal skills are an asset to Arcuri Turbull Law.
Lionel has also been extraordinary, and in more difficult situations has offered his expert legal advice and intervened where necessary to achieve the desired and best outcome.
From the moment I make contact with Arcuri Turbull Law, to the finalisation of the Legal Matter involved, I am always very satisfied with their high level of integrity, professionalism and the delivery and provision of exceptional legal advice and services.
I highly recommend Arcuri Turbull Law for all Legal matters.

Joanne P.

I can’t recommend Aimee and the team at Arcuri Law enough! Using Aimee to help with the sale of my first property has been a real pleasure, putting up with all my phone calls, nothing has ever been too much. Really appreciated their help and can’t recommend them highly enough! Will definitely be using them again!

Andrew B.

Glenda at Acuri Turnbull is fabulous, she set up my will efficiently, it was a pleasure talking to her, I highly recommend her services.

Michelle P.
Frequently Asked Questions

In Queensland, your estate will be distributed in accordance with the Succession Act Qld 1981. It will be necessary for your next of kin to apply for Letters of Administration of your Estate. This process is similar to obtaining Probate.

In Queensland, your estate will first go to your next of kin, which is your spouse or de facto partner, and issue (children, grandchildren).

No, you do not need to have a new Will prepared each time you or anyone else named in your Will moves address. Your most recent Will is still valid. If you would like however, you can provide the new details to our office in an email and we can add this to your security packet so that your Executors/Beneficiaries can be easily contacted. We recommend that will are reviewed each 3-4 years or more frequently with changes in life like purchase or sale of property, separation or divorce etc.

Yes – we can provide you with a certified copy or copies (as required) of the document as a complimentary service offered by our firm.

You will both need to have new Wills drawn up as separate documents – a Will for you and a Will for your partner.

Yes! Wishes Change – big life moments such as getting married, separated or divorced, starting a family, retiring or making significant changes to your assets or finances highlight the importance of our changing wishes. Speak to our team today to discuss your advance life planning documents such as your Will or enduring power of attorney.

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