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There are two types of Power of Attorney Forms which can be used in Queensland:
1️⃣ The Power of Attorney QLD Form (Non-Enduring) is [publicly available for free ➲ download here]; and
2️⃣ The Power of Attorney QLD Form (Enduring) is this document.
To create this document instantly online scroll up to the top of this page and select from our options of Self-Service, Lawyer-Assisted or Full Service.
The two types of Power of Attorney QLD Form are for practical purposes the same, with one crucial difference.
A Power of Attorney QLD Form (Non-Enduring) automatically ceases if you lose your legal mental capacity after its execution (unless it is a Power of Attorney given as security).
If you want the Power of Attorney QLD Form to continue to be effective after you lose your legal mental capacity you must use this Power of Attorney QLD Form (Enduring).
This automated process guides you through the decision process to ensure you make the correct decision regarding whether to use the Short Form or Long Form to create the Power of Attorney QLD Form (Enduring).
1️⃣ The Short Form (Form 2); or
2️⃣ The Long Form (Form 3).
The Short Form is the most often used Power of Attorney Form (Enduring) in Queensland.
It can be used for the following scenarios:
➲ Separate appointment of Attorneys for personal/health matters only;
➲ Separate appointment of Attorneys for financial matters only; or
➲ Concurrent appointment of Attorneys for both personal/health matters and financial matters (where the same persons are appointed as Attorneys).
The Long Form can be used only for the concurrent appointment of different Attorneys (Enduring) for personal/health matters and financial matters.
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.
In Queensland, the legislation governing the creation of Enduring Powers of Attorney is the Powers of Attorney Act 1998 (QLD).
Supporting Resources:
➲ EPOA Risks: Signing away your financial life can be dangerous. Here's how to minimise the risks. Choice Article (last updated 02 March 2017);
➲ Qld Capacity Assessment Guidelines 2020;
Social Sharing Image: Courtesy of AbsolutVision on Unsplash
[QLD] Bundle
➲ Discount code is QLDBUNDLE. ➲ Discount on the bundled subsequent documents is 50%.
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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.
The witness must not be:
❌ The person signing for the Principal (if applicable);
❌ An Attorney of the Principal;
❌ A current paid carer or health-care provider for the Principal; or
❌ A relation of the Principal or of the Principal’s Attorney/s.
The Enduring Document must be witnessed by one of the following:
⚖️ Justice of the Peace;
⚖️ Commissioner for Declarations;
⚖️ Lawyer; or
⚖️ Notary Public.
Witnesses must satisfy themselves that the Principal understands the nature and effect of:
✅ The document they are signing
✅ The delegation of their decision making powers and directions given about future health care.
When taking instructions, witnesses should:
✅ Ask open-ended questions
✅ Take notes, detailing their interview with the Principal
✅ Refer the Principal to a health care professional if you have doubts about their capacity to understand the document.
Do not witness an enduring document if you have concerns that the Principal:
❌ Lacks Capacity to understand what they are signing; or
❌ Is being Unduly Influenced by another person to sign the document.
For more information please refer to these guidelines published by the Office of the Public Guardian.
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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