QLD Duty of EPOA to give information to next of kin?

Discussion in 'Wills and Estate Planning Law Forum' started by Scout, 30 December 2018.

  1. Scout

    Scout Member

    6 July 2014
    Likes Received:
    Is there a duty for my brother, the sole Enduring Power of Attorney for our elderly Mother, to share information about her health and whereabouts (eg.in hospital) with me, as I am her only other next of kin and daughter?.
    Her aged care facility has told me they will only contact one person and that is the EPOA and he is supposed to contact others.
    We are all living in Queensland but the EPOA was signed in New South Wales.
    Thanks for your help.
  2. Rob Legat - SBPL

    LawTap Verified

    16 February 2017
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    I'm not aware of any requirement for an attorney to share information about the donor with any other party. Giving power of attorney is more in the vein of granting an ability to act on someone else's behalf - not an onus that they have to act. It's implied that you appoint an attorney who would be willing to do so when the need arises.

    There are provisions under the Queensland Act which requires an attorney not to disclose confidential information to another person unless authorised (POWERS OF ATTORNEY ACT 1998 - SECT 74 Protected use of confidential information and POWERS OF ATTORNEY ACT 1998 - SECT 74A Prohibited use of confidential information).

    However, it could generally be assumed that certain relevant information would be made available to next of kin, especially between family members, unless it was against the wishes of the donor.
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