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Enduring Power of Attorney Explained

Enduring Power of Attorney Explained

An enduring power of attorney allows a person to appoint people they trust (an attorney) to make decisions about their personal matters (including health) and/or financial matters. Deciding that appointing an enduring power of attorney, filling out and distributing the required forms can be a solemn, stressful process – but it doesn’t have to be.

Want to know more about what enduring power of attorney entails? Find out with the Gold Coast lawyers at Crest Lawyers below.

The key terms defined

When it comes to wills, estates and end of life preparation there can be some confusion to what different terms entail. Let the Gold Coast lawyers at Crest Lawyers walk you through these terms.

Enduring power of guardianship

  • In this legally prescribed document, often prepared by your lawyer, you can appoint an enduring guardian to make your health and welfare decisions for you, but only if you became incapable of making those decisions.

Advance health directive

  • While there’s no legally prescribed document for an advance health directive, it’s always best to have your wishes regarding your health and welfare put in writing, with recommended forms available online.
  • Similar to the appointment of enduring power of attorney/guardianship document, your directions/wishes under the advance care directive will only be followed if you became incapable of making your own health and welfare decisions.

How to complete enduring power of attorney forms

There’s 12 recommended steps to understanding and completing an enduring power of attorney form.
What are they?

  1. Decide first if you want to fill out the short (Form 2) or long form (Form 3). Both are available through the Queensland Government Publications portal.
    Form 2 allows you to appoint attorney(s) for personal (including health) matters only, attorney(s) for financial matters only or the same attorney(s) for both personal and financial matters.
    Form 3 allows you to appoint different attorneys for personal (including health) and financial matters.
  2. Read the form thoroughly to understand or have a trusted person read it out to you.
  3. Talk to your close family and friends about what is important to you moving forward.
  4. Consider who you wish to appoint as your attorney and let them know your wishes.
  5. Talk to a professional (be it your Gold Coast lawyer, financial planner or doctor) who can provide advice or assistance in filling out the form.
  6. Complete all details within the form (typed or handwritten).
  7. Sign your enduring power of attorney form in the presence of a lawfully recognised witness such as a Justice of the Peace (JP) or lawyer.
  8. Allow the lawfully recognised witness to sign the form.
  9. Allow your appointed attorney to sign Section 5 “Attorney(s) acceptance” on the original form.
  10. Make copies of the signed form.
  11. Keep the copies in a safe place and inform your appointed attorney of this place.
  12. Provide certified copies to people who need to know its contents such as your family, doctor and Gold Coast lawyer.

You don’t have to do it alone

Crest Lawyers are who you can rely on to advocate your best interests. Our specialist legal services are straightforward and comprehensive, and we take the time to understand you, your circumstances and your wishes now and for the future.

Need help with estate planning? Contact Crest Lawyers today and discover how our team of Gold Coast lawyers can assist with wills and estate planning.

Disclaimer: The content contained in this news post is general in nature and is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

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