Queensland Public Trustee (QPT) is making it easier for older Queenslanders to get vital information on creating an enduring power of attorney that helps protect against financial abuse.
An enduring power of attorney is a legal document that allows the maker, known as the ‘principal’, to appoint one or more trusted individuals to make financial and other types of decisions on their behalf.
Samay Zhouand, the Public Trustee of Queensland, said: “Using a properly structured enduring power of attorney to appoint a financial attorney means someone who understands your needs and values is accountable by law to be honest and diligent in protecting your interests when making financial decisions for you”.
Can an enduring power of attorney protect against financial elder abuse?
However, the Public Trustee cautioned that almost 12% of financial abuse cases reported to Queensland’s Elder Abuse Prevention Unit were related to financial attorneys that may have misused their powers. Improperly structured enduring powers of attorney could make it easier for this to occur, Mr Zhouand added.
“Community understanding about the rights of the person that made the enduring power of attorney, as well as about the responsibilities of the person or people they appoint as attorney, is low,” he said. “That leaves older Queenslanders vulnerable to exploitation, either because the attorney has ill-intentions or simply hasn’t understood what’s an appropriate use of their powers.”
How to make an effective enduring power of attorney
World Elder Abuse Awareness Day on 15 June 2025 aims to increase community understanding of elder abuse, as well as inform older people at risk of or experiencing abuse about the support available to them.
Financial abuse is the second-most common type of elder abuse, according to the most recent Elder Abuse Statistics in Queensland report, yet new QPT research* showed that 33% of Queenslanders aged 65-plus did not have an enduring power of attorney.
“It’s wise to consider making an enduring power of attorney as part of your life planning and it’d be regrettable if the risk of abuse by a financial attorney deterred people from making one,” Mr Zhouand said. “That’s why we want to make sure the community has straightforward, practical information on how an effective enduring power of attorney can reduce the risk of it being misused.”
QPT has published a free, short guide containing nine strategies for creating an enduring power of attorney that might get Queenslanders thinking about how they may structure their enduring power of attorney to avoid disputes in the future and minimise the opportunity for their appointed attorney to do the wrong thing. Read on for more information on the guide.
“The guide is part of QPT’s commitment to supporting Queenslanders as they plan for the different stages of life, with their wishes and rights at the centre of everything we do,” Mr Zhouand said.
“I’d encourage everyone to read about strategies for making an enduring powers of attorney, then, if they want to use some or all of the strategies to make or update an enduring power of attorney, to contact a solicitor.
“Some people decide to make an enduring power of attorney themselves but receiving personalised legal advice doesn’t just provide peace of mind, it helps make sure the document is correctly prepared to reflect the principal’s intentions and that all legal requirements are met.
“Don’t delay making an enduring power of attorney, either, because the principal must have capacity when making it. Losing capacity means the opportunity is lost.”
You can read more about what capacity means in QPT’s glossary.
Strategies for making a financial enduring power of attorney
QPT’s new guide explains how an enduring power of attorney is made, strategies for making an effective enduring power of attorney for financial decisions and where more information on enduring powers of attorney can be found.
Elder abuse is currently being investigated by a Queensland Government inquiry, which will report in December on the prevalence of abuse, the effectiveness of current responses and opportunities to improve support for people at risk of or experiencing abuse.
The most recent Elder Abuse Statistics In Queensland report showed a small increase in the number of abuse notifications received by the Elder Abuse Prevention Unit Helpline in 2023-24, with financial abuse the second-most common type of abuse reported, after psychological abuse.
QPT has more information on protecting yourself against financial abuse, which you can find at Preventing financial abuse.
*Survey conducted by Verian for QPT in February 2025 of 1,022 adult Queensland residents.