This automated process follows the format of the Enduring Power of Attorney (EPOA) form prescribed by the government of South Australia.
An Enduring Power of Attorney is not cancelled if the principal loses capacity.
An Enduring Power of Attorney can only be used to appoint Attorneys/Donees as decision-makers for financial matters: a separate Advance Care Directive (which replaces Enduring Powers of Guardianship in SA) is required for appointing decision-makers for personal and health matters.
1️⃣ The donor can specify conditions and limitations on the donees’ authority;
2️⃣ Details for prescribed witnesses can be inserted in the form if known;
3️⃣ The donee must sign for the appointment to be effective; and
4️⃣ Choose when the power to make decisions starts – ie: immediately; or in the event of the donor’s subsequent legal incapacity.
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.
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℠.
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
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.