Enduring Powers of Attorney

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Court confirms administrator can make BDBN on behalf of member

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Court confirms administrator can make BDBN on behalf of member

In the recent decision of Re SB; Ex Parte AC [2020] QSC 139, the Supreme Court of Queensland confirmed that the decision to make a binding death benefit nomination (‘BDBN’) is a financial matter and can therefore be made for a person by their administrator.

Enduring Powers of Attorney must now be witnessed by a lawyer or a doctor (or certain other persons)

Enduring Powers of Attorney must now be witnessed by a lawyer or a doctor (or certain other persons)

From 1 September 2015, the witnessing requirements for an enduring power of attorney have been significantly tightened.

The signing of an enduring power of attorney by the principal (the person giving the power) must be witnessed by two people. One of these witnesses must be either a person who is authorised to witness affidavits (such as lawyers, judges, members of the police force ranked sergeant or above, parliamentarians or justices of the peace) or a medical practitioner. Previously, it was only a requirement that one of the witnesses needed to be authorised to witness statutory declarations.