ACT Enduring Power of Attorney

This form follows the format of the enduring power of attorney form prescribed by the government of the Australian Capital Territory.

The enduring power of attorney is not cancelled if the principal loses capacity.

The 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.

Document Overview:

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.

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FAQ

How do I best provide for the care of my Pet/s if I lose capacity?

Long-term Care for your Pet/s …

✅ If you lose capacity

Formal Arrangements

Plan A ➲ EPOA

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 + insurance + potentially your Pet/s carer in your Enduring Power of Attorney [EPOA] / NT Advance Person Plan.

Informal Arrangements

Plan B ➲ Friends or Family

Plan C ➲ RSPCA

Think of setting up an informal arrangement with the RSPCA as an Insurance Policy 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

Further Reading:

For a more detailed discussion please refer to our blog article “Your Pets are Family: Providing Emergency + Long-Term Care for your Furry, Fluffy or Fine-Feathered Friends!"  by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

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