Enduring Power of Attorney (EPOA)

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Presentation transcript:

Enduring Power of Attorney (EPOA) Helping clients with Enduring Power of Attorney (EPOA) These resources were developed with funds invested by the Queensland Government (2017)

Acknowledgement of land ‘We acknowledge the traditional owners of the land on which we are holding this webinar today, in Brisbane, they are the Turrbul and Jaggara people. We wish to pay our respects to their elders, past, present and emerging, and acknowledge the important role Aboriginal and Torres Strait Islanders continue to play in our society.’ Acknowledge the traditional owners of the lands of where we are “digitally” gathered. We are in Brisbane (acknowledge the the Turrbul and Jaggara people) and we also acknowledge that people are joining from across Queensland and Australia. So we acknowledge first Australians' across the country, and pay our respects to their elders past and present, and their emerging leaders

Helping clients with enduring powers of attorney Helping clients with enduring powers of attorney 3:00pm, Thursday 14 September 2017 ADA Australia recently completed a project about Enduring Powers of Attorney, developing process maps, training videos for attorneys and intake proforma for community organisations. In this webinar Karen Williams will provide an overview of this project, and how CLC's and other community organisations can assist clients to navigate this system with these resources. If you are assisting a person who is an attorney, or considering becoming one in the future, we have prepared Queensland resources that will help them to fully understand their duties and responsibilities.

Improving EPOA resources across Queensland WHY EPOA attorney resources were needed? The role of Attorney can be confusing Lack of education specifically developed to assist Attorney’s to understand their legal duties and responsibilities Many community organisations approached for assistance HOW the resources came about? Funding provided by the Department of Justice and Attorney-General (Queensland Government) Developed from extensive input by experts in a key stakeholder group Steering Committee acknowledgements: Seniors Legal and Support Service (SLASS), Queensland Advocacy Incorporated (QAI), LawRight (formerly QPILCH), and ADA Australia Public Trustee of Queensland (PTQ), Office of the Public Guardian (OPG), and Office of the Public Advocate (OPA). Why resources are needed The role of Attorney can be confusing. It is recognised there has been a lack of education specifically developed to assist Attorneys to understand their legal duties and responsibilities. These newly developed resources funded by the Queensland Government and developed by ADA Australia in consultation with key stakeholders, will assist Attorneys to understand EPOA documents, any terms and when and how to make decisions for another.

Accessing EPOA Resources Access ADA Australia website www.adaaustralia.com.au Click on “Resources” https://adaaustralia.com.au/resources/ada-resources/ Scroll down to “Enduring Power of Attorney (EPOA)” Resources referred to and discussed in today’s webinar can be accessed via the ADA Australia website.

EPOA Video Resource https://www.youtube.com/watch?v=tTdGpJ4uWzY&t=6s

EPOA Guiding Documents - Flowchart Making and Using an Enduring Power of Attorney (EPOA) NOTE: Image only – please refer to document for full flowchart https://adaaustralia.com.au/wp-content/uploads/2017/08/Intake-Form-and-Map-1.pdf

EPOA Guiding Documents - Flowchart Making and Using an Enduring Power of Attorney (EPOA) NOTE: Image only – please refer to document for full flowchart https://adaaustralia.com.au/wp-content/uploads/2017/08/Intake-Form-and-Map-1.pdf

EPOA Guiding Documents - Flowchart Making and Using an Enduring Power of Attorney (EPOA) NOTE: Image only – please refer to document link for full view. https://adaaustralia.com.au/wp-content/uploads/2017/08/Intake-Form-and-Map-1.pdf

EPOA Guiding Documents My Duties and Responsibilities as an Attorney under an EPOA in Qld NOTE: Image only – please refer to document link for full view. https://adaaustralia.com.au/wp-content/uploads/2017/08/Duties-and-Responsibilities-as-an-Attorney-under-an-EPOA-in-Qld.pdf

EPOA Guiding Documents The General Principles and the Health Care Principle NOTE: Image only – please refer to document link for full view. https://adaaustralia.com.au/wp-content/uploads/2017/08/The-General-Principles-and-Health-Care-Principle-1.pdf

EPOA Guiding Documents Intake Form – Making and Using an Enduring Power of Attorney (EPOA) NOTE: Image only – please refer to document link for full view. https://adaaustralia.com.au/wp-content/uploads/2017/08/Intake-Form-and-Map-1.pdf

EPOA Resources in Qld – Where to from here? Steering Committee will continue to allow development of further resources and assistance for attorneys under an EPOA in QLD. Committee chaired by Malcolm Paterson Senior Community Engagement Officer, Office of the Public Guardian (OPG) Collaboration continues between Seniors Legal LawRight (formerly QPILCH) Queensland Advocacy Incorporated (QAI) Aged and Disability Advocacy Australia (ADA Australia)

EPOA – Recent Research Recent collaboration with QUT Health Law Research Centre and Crime and Justice Research Centre, regarding case analysis of 120 intake calls regarding alleged financial abuse and EPOA’s. Key themes: Greater education about EPOA’s for principals and attorneys Lack of understanding of capacity Loss of legal capacity has significant impact Consequences of failing to adequately assess capacity cannot be ignored by service providers and health professionals Relationships with family and friends are critical once EPOA activated, and multi-disciplinary responses are required.

Key Skills and Responsibilities for an Attorney under an EPOA

More Information? Enduring Power of Attorney forms Queensland Government Publications www.publications.qld.gov.au Office of the Public Guardian (OPG) Phone: (07) 3234 0870 or 1300 653 187 Email: adult@publicguardian.qld.gov.au www.publicguardian.qld.gov.au Public Trustee of Queensland (PT) Phone: 1300 360 044 www.pt.qld.gov.au Queensland Civil and Administrative Tribunal (QCAT) Phone: 1300 753 228 Email: enquiries@qcat.qld.gov.au

Thank you for listening