Enduring power of attorney qld
March 2024 Edition
In situations where individuals are incapacitated due to illness, accident, or similar circumstances, rendering them unable to make decisions or communicate their wishes regarding personal affairs, finances, or health, the establishment of an Enduring Power of Attorney allows for the appointment of a trusted individual/s to act on your behalf.
An attorney appointed under an Enduring Power of Attorney can make decisions regarding personal matters, such as residence, social housing arrangements, employment related decisions, limited health care choices including medical treatments, and financial affairs, encompassing income management, bill payment, taxes, and where permitted property transactions.
While an attorney's authority extends to the same decisions the individual could legally make, the document may outline conditions or limitations or as per the legislation. Supported by the underpinning legislation in that ‘an attorney who may exercise a power under a document must, when exercising the power, exercise it subject to the terms of the document.’ Whilst also exercising such power ‘honestly, and with reasonable diligence to protect the principal’s interests.’ Such protective measures may act to safeguard specific acts, safeguards for example may be entered to not allow provision to sell the family home or so forth.
The Powers of Attorney Act (1998) delineates certain powers that Enduring Powers of Attorney are expressly prohibited from exercising, including but not limited to making or revoking the principal's will, executing or revoking a power of attorney, enduring power of attorney, or advance health directive, exercising voting rights, consenting to child adoption, and consenting to the principal's marriage.
Eligible attorneys must be adults over 18, possess the capacity for the designated matters, and be trusted individuals capable of fulfilling the responsibilities. It's crucial to select someone based on trust, competence, and alignment with the individual's values and preferences, with no obligation to choose family members. They must also not be a paid carer or health care provider of the principal or, in the setting of financial appointment, be bankrupt.
You may consider Criteria for selecting an attorney to include trustworthiness, familiarity with the individual's preferences, and suitability for the role. There are also various ways to structure decision-making authority among multiple attorneys. These include jointly, where all attorneys must agree on decisions; severally, allowing any attorney to make decisions independently; jointly and severally, permitting attorneys to decide together or separately; and majority, specifying a required majority if more than three attorneys are appointed.
The power of an attorney for personal and health care matters commences only upon the loss of capacity to make those decisions. However, for financial matters, the attorney's power begins as nominated in the Enduring Power of Attorney form. The individual retains the ability to make decisions while capable.
The Enduring Power of Attorney can be cancelled or changed at any time if the individual still possesses decision-making capacity. This can be done by completing a Revocation of Enduring Power of Attorney form and providing certified copies to relevant parties.
Additionally, life events such as marriage, divorce, or death automatically terminate the Enduring Power of Attorney as well as, should the attorney become bankrupt, loose capacity themselves, or die, then their authority also ceases.
Should there be no Enduring Power of Attorney, the appointment of the Public Trustee for managing financial affairs is not automatic; instead, it is determined by the Queensland Civil and Administrative Tribunal, which may select either the Public Trustee or a family member. To ensure your preferences are honoured before losing decision-making capacity, it's advisable to designate an attorney for health, personal, and financial matters.
CJM Lawyers
can assist you to provide certainty to you and your family, as well as provide you the security in knowing your wishes are documented and understood by those you entrust with your care should your capacity ever be an issue. Our Team will also ensure that instructions are clear as to when it can be used, should be used, and the legal requirements in the keeping and preservation of this there, also.
Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.
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10 September 2026
Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
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By September 2026 Edition
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By September 2026 Edition
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Our Latest Story
By September 2026 Edition
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By September 2026 Edition
•
3 September 2026
Buying an aircraft can be an exciting milestone, whether it is for business, recreation or private use. But aircraft purchases are not like buying a car or boat. They involve technical records, regulatory requirements and airworthiness considerations that may not be obvious at first glance. Imagine purchasing an aircraft only to later discover it is not airworthy. If a buyer assumes the right checks have already been completed, they may be left facing unexpected costs, delays and legal uncertainty after settlement. It is an important reminder that what looks right on the surface may not always tell the full story. A well-presented aircraft is not necessarily compliant, airworthy or free from risk. Why a pre-purchase inspection matters A pre-purchase inspection can help identify issues with the aircraft’s condition, maintenance history and airworthiness before the buyer commits. It can also highlight questions that should be addressed in the sale agreement. The key is knowing what has been checked, what has not been checked, and what protections are in place if something is discovered later. Things to consider before purchasing an aircraft Arrange an independent inspection before committing to the purchase. Review key records , including logbooks, maintenance history and relevant compliance documents. Confirm the aircraft’s airworthiness status rather than relying on assumptions or verbal assurances. Use a written sale agreement that clearly sets out the terms, inclusions and inspection rights. Seek advice before signing , particularly if finance, insurance, ownership structures or regulatory issues are involved. What if problems are discovered after purchase? If issues are discovered after settlement, the buyer’s options will depend on the contract, what was represented before the sale and the nature of the defect. These matters can become complicated quickly, especially where technical aircraft records and regulatory requirements are involved. How CJM Lawyers can help At CJM Lawyers, our aviation law team assists with aircraft sale and purchase agreements, due diligence, ownership structures, finance and security arrangements, leasing, regulatory issues and disputes. If you are thinking about buying an aircraft, we can help you understand the legal considerations before you commit. If you have already purchased an aircraft and something has gone wrong, we can help determine your options and advise on the best way forward. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By September 2026 Edition
•
3 September 2026
September is a timely reminder to pause and ask a simple but important question: does your Will still reflect your life today? For many people, making a Will is one of those important jobs that sits on the “I’ll get to it one day” list. Others may have a Will in place, but it was prepared years ago and has not been reviewed since. The challenge is that life rarely stays the same. Relationships change, families grow, property is bought or sold, businesses evolve, and financial arrangements can become more complex over time. Why reviewing your Will matters A Will is not just a document for later in life. It is an important part of planning ahead and making sure your wishes are clearly recorded. It allows you to decide who should receive your assets, who should administer your estate, and how you would like important personal matters handled. Having a valid and up-to-date Will can also make things much clearer for your loved ones at an already difficult time. It can reduce the risk of confusion about who should make decisions, who should benefit from your estate, and how your wishes should be carried out. When should you review your Will? It may be time to review your Will if you have recently: married, separated or divorced welcomed children or grandchildren bought or sold property started or sold a business moved into a blended family arrangement experienced a significant change in your finances It is also worth checking whether your superannuation nominations, enduring power of attorney and other estate planning documents still work together with your Will. What your Will may not automatically cover One common misconception is that a Will automatically covers everything you own. In reality, assets such as superannuation, jointly owned property, trusts, company interests and life insurance may need separate consideration. Without the right planning, there can be uncertainty, delays, disputes or outcomes that do not reflect what you intended. How CJM Lawyers can help At CJM Lawyers, our Wills and Estates team can help you prepare a new Will, review an existing Will, update your estate planning documents, and consider how your broader arrangements fit together. Whether your circumstances are simple or more complex, we can provide clear, practical guidance to help you plan ahead with confidence and give your loved ones greater peace of mind. Contact our Wills and Estates team today to get started. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
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