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The Queensland approved forms for Enduring Powers of Attorney are:
1️⃣ The Short Form (Form 2); and
2️⃣ The Long Form (Form 3).
The Short Form is used by a Principal to appoint the same persons as the attorneys for both personal/health matters and for financial matters.
The Short Form can be used for:
➲ 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 for personal/health matters and financial matters.
In Queensland, the legislation governing the creation of Enduring Powers of Attorney is the Powers of Attorney Act 1998 (QLD).
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Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
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This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
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This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
It was once said:
It would take the combined processing power of every computer in the world thousands of years to crack 4096-bit encryption.
In a more general context (outside of encrypted secure website traffic/data) it has also been said:
Data with 4096-bit encryption (only protected by a password) could still be compromised within seconds.
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Easy pass-phrase, written down password, re-used password... etc. basically, always be on the lookout for the weakest link.
Trust the technology, but never trust the weak link - the user!
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
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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
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℠.
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.
