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This automated process follows the format of the Enduring Power of Attorney form prescribed by the government of the Australian Capital Territory.
An Enduring Power of Attorney is not cancelled if the principal loses capacity.
An Enduring Power of Attorney can be used to appoint attorneys as decision makers for property matters, personal care matters, health care matters and/or medical research matters.
It can also be used to authorise attorneys in respect of refusal or withdrawal of medical treatment.
The principal can:
1️⃣ Appoint up to five eligible attorneys and up to five eligible substitute attorneys;
2️⃣ Choose for the enduring power of attorney to be made in contemplation of marriage, civil union or civil partnership;
3️⃣ Specify conditions and limitations on the attorneys’ authority;
4️⃣ Sign personally or direct another person to sign;
5️⃣ Details for prescribed witnesses can be inserted in the form if known; and
6️⃣ Choose when the power to make decisions for property matters starts – i.e.: immediately; when the principal loses capacity; or from a specified time, circumstance or occasion.
If you are a member of a Self-Managed Super Fund (SMSF) and proceed to and lose your legal decision making capacity you will encounter expensive and complex legal issues if you don't have an EPOA already in place.
The Superannuation Industry (Supervision) Act 1993 (Cth) (SISA) allows an Enduring Power of Attorney (EPOA) to act on behalf of a member.
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Ensure you are able to keep your Pet/s with you [as long as possible] by providing specific written directions ahead of time and including financial provision for the support of yourself, your Pet/s long-term care, maintenance, health + pet insurance + potentially your Pet/s carer in your Enduring Power of Attorney [EPOA] / NT Advance Person Plan.
Think of setting up an informal arrangement with the RSPCA as a back-up plan just in case for some reason your friends or family circumstances change and they are no longer in a suitable position to take on the responsibility for long-term care of your Pet/s.
RSPCA Home Ever After / Pet Bequest / Pet Legacy program
For a more detailed discussion please refer to our blog article “Care Planning for your Furry, Fluffy or Fine-Feathered Pets" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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