Elder Law FAQ

An EPOA is a document appointing an attorney to make financial (and in some states personal) decisions on your behalf — "enduring" because it continues after loss of capacity. Each state/territory has its own form and formalities under different Acts.

In most states, an enduring guardian (or "medical treatment decision maker" in Vic) makes personal, lifestyle, and medical treatment decisions when the principal loses capacity. Some states combine financial and personal decisions in one instrument; others separate them.

In Queensland (Enduring Power of Attorney), ACT (Enduring Power of Attorney), and Victoria (Enduring Power of Attorney) — yes. In NSW, Tasmania, SA, and WA, separate instruments are used for financial (EPOA) and personal (EG or equivalent) decisions.

Capacity is decision-specific and time-specific. A person is presumed to have capacity until the contrary is shown. Assessment commonly combines a medical/geriatric assessment and legal assessment against the statutory test for the specific decision (POA, will, treatment consent).

The Banks v Goodfellow test — the testator understands (1) the nature and effect of making a will, (2) the property being disposed of, (3) those who have moral claims, and (4) is not affected by disorder of the mind. Modern Australian authority has refined but not replaced the test.

Yes — state tribunals (NCAT, VCAT, QCAT) can revoke an EPOA, remove an attorney for misconduct, and require accounts. Common grounds: undue influence, lack of capacity at execution, conflict of interest, and failure to act in the principal's interests.

Act in the principal's best interests (or supporting-decision-making equivalents), exercise reasonable care, keep accurate records, keep the principal's property separate, avoid conflicts of interest, and not make gifts beyond statutory authority. Breach is actionable in equity.

NCAT (NSW Guardianship Division), VCAT (Guardianship List), QCAT, SACAT, ACAT, WASAT, and TASCAT handle guardianship and administration applications. They can appoint guardians/administrators and review EPOAs and enduring guardianships.

Intentional or negligent acts by a person in a position of trust that cause harm to an older person — financial, physical, sexual, psychological, neglect. The ALRC 2017 inquiry led to state compact reforms. Financial abuse via EPOAs is the most common form seen in elder law practice.

The Aged Care Act 2024 (Cth) replaces the Aged Care Act 1997 from 1 July 2025. It introduces a rights-based framework, a new Support at Home program, strengthened provider obligations, a statutory duty of care, and civil penalty provisions for breach.

Through a combination of government subsidies (AN-ACC from October 2022), resident accommodation payments (RADs/DAPs), basic daily fees, means-tested care fees, and additional service fees. The 2024 reforms change contribution rates for new entrants from 1 July 2025.

A Refundable Accommodation Deposit — a lump sum paid for residential aged care accommodation, refundable on exit. The alternative is a Daily Accommodation Payment (DAP), or a combination. The rate is set by the provider, subject to maximum permissible amounts.

Means-tested care fees, additional services, and the treatment of the former home interact with the Centrelink/DVA means test. The home has capped inclusion for 2 years after entry. Quillio can map means-test consequences against timing decisions.

A statutory right for an "eligible person" to apply to the court for further provision from a deceased estate where the will failed to make adequate provision. Eligibility, limits, and procedure are state-based. Limitation is typically 6–12 months from grant of probate.

A valid will, an EPOA/EPG (or combined instrument), advance care directive (state-specific), binding or non-binding super nomination, funeral wishes, beneficiary designations on insurance, and family/family trust deeds. Quillio can audit a pack for cross-document consistency.

Yes — while you retain capacity, you can revoke in writing (and typically by notice to the attorney and any relevant counterparty such as your bank). Statutory formalities vary by state. Revocation while lacking capacity requires tribunal intervention.

ACAT / ACAS assessment 2–8 weeks. Placement into preferred residential care 0–12 months depending on availability. Home care packages (previously Level 1–4) and Support at Home (from 2025): typical wait 3–18 months for higher levels.

Straightforward will + EPOA + EPG pack: $800–$2,500. Complex capacity challenge or POA revocation at tribunal: $10,000–$40,000. Family provision claim: $25,000–$150,000+ through judgment. Advance care planning is often bundled with estate planning.

Before signing any POA or moving into residential care, at any significant change in capacity or health, on any concern about an existing attorney's conduct, and on any aged care financial decision involving the former home. Early planning almost always avoids tribunal litigation later.

An approach (now reflected in Victoria, ACT, and emerging in other states) that emphasises providing support to help a person make their own decisions, rather than substituting a decision-maker. It is preferred over guardianship where feasible and underlies much of the 2024 reform direction.