As some of you may know, generally speaking, in Queensland we recognise Enduring Powers of Attorney (EPOA) made in other Australian States and Territories as valid in Queensland.
From 30 November 2020, for the first time, Queensland will recognise EPOA’s made in New Zealand.
In New Zealand, there are two forms of EPOA’s you can make:
- An EPOA for property and finance decisions; and/or
- An EPOA for personal care and welfare decisions.
In Queensland, you can make an EPOA using the one form in which you can appoint an attorney to make financial and/or personal and health care decisions.
Regardless of the differences in the forms, so long as the New Zealand EPOA complies with the law of New Zealand, that EPOA will be recognised here in Queensland.
Queensland law, though, will apply to all attorneys so that attorneys appointed under New Zealand EPOA’s will share the same rights, powers, duties and obligations of their Queensland counterparts.
This change to the law means those with a New Zealand EPOA can simply on an EPOA made in New Zealand without needing to create another one in Queensland.
There are some practical realities with this change, such as informing those on the front line dealing with attorneys and EPOAs, to be able to tell if the New Zealand EPOA complies with the New Zealand requirements for a valid EPOA.
For those with a New Zealand EPOA who move to Queensland, it is still possible to create a new one in Queensland. The bottom line is, it may be more convenient to simply make a new EPOA in Queensland.
But here’s a question – for those looking to move to New Zealand, does New Zealand recognise a Queensland EPOA? Regrettably, the answer is no.