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Changes to Enduring Powers of Attorney and Advance Health Directives – what this means for you

07 December 2020
candice etherton
Read Time 3 mins reading time

New Enduring Power of Attorney (EPA) and Advance Health Directive (AHD) forms came into effect in Queensland on 30 November 2020, bringing with them a number of legislative changes.

how these changes affect your existing EPA/AHD

There is no need to update your existing EPA as any old form EPA signed prior to 30 November 2020 will remain valid and enforceable.

Unless you have appointed a service provider as your Attorney under your AHD, there is also no need to update your existing AHD as that too will remain valid and enforceable.

Despite this, you should always review your EPA/AHD at least every two years to ensure there are no changes to your wishes or circumstances of you/your Attorney. You should particularly bear in mind the following life changes which could affect the validity of your EPA/AHD:

  • Marriage
  • Civil Partnerships
  • Divorce
  • Termination of Civil Partnership
  • Mental illness
  • Death

If any of the above changes or information are of concern to you and/or you would like advice regarding estate planning generally, you can contact our experienced Private Clients team who will be more than happy to assist.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.

stay up to date with our news & insights

Changes to Enduring Powers of Attorney and Advance Health Directives – what this means for you

07 December 2020
candice etherton

New Enduring Power of Attorney (EPA) and Advance Health Directive (AHD) forms came into effect in Queensland on 30 November 2020, bringing with them a number of legislative changes.

how these changes affect your existing EPA/AHD

There is no need to update your existing EPA as any old form EPA signed prior to 30 November 2020 will remain valid and enforceable.

Unless you have appointed a service provider as your Attorney under your AHD, there is also no need to update your existing AHD as that too will remain valid and enforceable.

Despite this, you should always review your EPA/AHD at least every two years to ensure there are no changes to your wishes or circumstances of you/your Attorney. You should particularly bear in mind the following life changes which could affect the validity of your EPA/AHD:

  • Marriage
  • Civil Partnerships
  • Divorce
  • Termination of Civil Partnership
  • Mental illness
  • Death

If any of the above changes or information are of concern to you and/or you would like advice regarding estate planning generally, you can contact our experienced Private Clients team who will be more than happy to assist.