In this week’s episode of Brisbane’s Legal Lowdown on 4BC, host Sofie Formica is joined by Attwood Marshall Lawyers’ Estate Litigation Senior Associate, Duncan MacDougall, to unpack one of the most powerful yet commonly misunderstood legal documents – the Enduring Power of Attorney (EPOA). 
While an EPOA is designed to protect you by giving someone you trust the authority to make financial, personal, and heath decisions on your behalf if you lose capacity, Duncan explains that it can also be one of the most misused legal instruments. Disputes over powers of attorney are increasingly common – often dividing families and leading to costly litigation. 
The discussion begins with the basics – what an Enduring Power of Attorney is, how it operates while you're alive, and the difference between appointing someone for financial versus personal or health matters.
Duncan explains that while you can technically appoint up to four attorneys, having too many decision-makers can lead to confusion and conflict, recommending a carefully chosen balance of trust and accountability. 
Sofie and Duncan also address common listener concerns, including:
What happens if you don’t have an EPOA in place — and how loved ones may need to apply to QCAT (the Queensland Civil and Administrative Tribunal) to be appointed as an administrator or guardian.
What to do if you fall out with your attorney — and the process of revoking and replacing the document while you still have capacity.
How financial abuse occurs, particularly when an attorney misuses their position to benefit themselves, and the legal steps families can take if they suspect misconduct, including tribunal applications to review or revoke an appointment.
Listeners also phoned in with questions including one listener asking about changing an EPOA after having a falling out with the person you have appointed as your attorney.
To wrap up, Duncan reminds listeners that an Enduring Power of Attorney is just as important as a Will — because it safeguards your affairs while you’re still alive. He encourages everyone to review their documents every three to five years, nominate backups, and ensure their chosen attorney understands and accepts their responsibilities.
The episode concludes with a discussion on Advance Health Directives, which allow people to specify their medical preferences, such as resuscitation and life-sustaining treatments, so their wishes are clear before capacity is lost.

15th October - Duncan MacDougall - EPOAs

Need a good lawyer?
We are here to help you. 
Attwood Marshall Lawyers, est 1946.
Phone 1800 621 071 today.
www.attwoodmarshall.com.au