Application for the Public Guardian to act as attorney

Under the Powers of Attorney Act 1998 (Qld), the Public Guardian is an eligible attorney for personal matters only under an enduring power of attorney, and may be appointed as an attorney under an advance health directive (s 29(1)(c), (2)(b)). The Public Trustee or a trustee company can be appointed for financial matters (s 29(1)(b)). An appointment only takes effect for an attorney once the attorney accepts it by signing the document (s 44(8)). The Office of the Public Guardian (OPG) says it acts as attorney on a 'last resort' basis: it will generally accept a sole appointment only where there is no one else in your life who is appropriate, willing and able, but it may accept a successive appointment in case your other attorneys cannot act. This application (version 1, June 2014) gives OPG the information it needs to decide whether to accept, and includes a personal profile to guide its decisions if it does.

When you need it

• You are making an enduring power of attorney or advance health directive and want to nominate the Public Guardian as your attorney for personal (including health) matters.
• There is no family member or friend who is appropriate, willing and able to act, or you want the Public Guardian as a successive attorney if your chosen attorneys cannot act.
• Not for financial matters. OPG cannot act for financial decisions; the Queensland Public Trustee can be appointed for those.

1. 1

   Read OPG's material first

   The form asks you to read OPG's policy on acting as attorney for health and personal matters and its fact sheets on enduring powers of attorney and advance health directives, available on its website.

2. 2

   Your details

   Give your name, preferred name, address, date of birth, phone numbers, email and cultural background.

3. 3

   Family members and close friends

   List each family member and close friend with their contact details and relationship, and explain why you believe they are unsuitable to act as your attorney for health and personal matters. Add any other relevant information, then sign and date.

4. 4

   Personal profile

   Complete the confidential profile: people OPG should consult when making decisions, anyone you do not want consulted, religious or personal beliefs, medical conditions and allergies, a preferred doctor or hospital, preferences about care, accommodation and services, likes and dislikes, and other relevant people such as your solicitor or accountant. Sign and date the profile.

• Return the application with your completed enduring power of attorney to the Office of the Public Guardian, PO Box 13554, George Street, Brisbane Qld 4003. OPG's website gives the same postal address.
• OPG says it will read your application and may contact you for more information. If it accepts, it signs the enduring power of attorney, keeps a scanned copy and returns the original to you with a letter.
• If you also appoint the Queensland Public Trustee for financial decisions, both the Public Trustee and OPG must sign the original document to accept their appointments.

• Complete the enduring power of attorney properly first: it must be signed in front of an eligible witness, such as a justice of the peace, commissioner for declarations, lawyer or notary public (s 31). OPG signs the acceptance only after you and the witness have signed.
• Be specific about the people you want consulted and those you do not. OPG says that when acting as a personal attorney it must consult people with an interest in your welfare.
• Keep a copy of the application and profile, and update OPG if your circumstances or contacts change.