Enduring power of attorney

An enduring power of attorney lets a person appoint someone to make decisions for them, and continues if they later lose capacity. Because it is designed to operate when the person can no longer oversee it, the law requires a higher level of understanding to make one.

Under section 41 of the Powers of Attorney Act 1998 (Qld), the person must understand: that they may specify or limit the powers given; when the powers begin; that once they begin, the attorney has full authority over those matters; that they may revoke the document while they have capacity; that it continues if they lose capacity; and that if they cannot revoke it, they cannot oversee how it is used.

Each of those is a distinct element. The assessment addresses each of these distinct elements.

Three situations bring an enduring document to a psychiatrist.

• A solicitor is preparing the document for an older client and wants contemporaneous evidence of capacity, so it cannot be challenged later.
• A family member believes the document was made, or changed, when the person no longer understood it, often in favour of one relative.
• The person wants to revoke or replace the document, and someone questions whether they can.

1. Brief and documents. The referring party will send the claim file, medical records, prior reports, and the specific questions needing to be answered.
2. Interview. The independent assessment will usually take one to two hours. The subject is informed of the independence of the assessment and that the report will go to the referrer. Assessments are conducted in Dr Siddle's rooms at Spring Hill or by telehealth. Home visits are not undertaken.
3. Report. Dr Siddle will provide a report including the assessment and her response to the specific questions. Reports are usually provided within one week.