Another person who is called a witness must be present when the POA is signed and include their contact information on the form. A proper witness is:. Keep in mind, in certain jurisdictions, such as Queensland, witness requirements are stricter and only a Justice of the Peace, Commissioner of Declarations, Notary Public, or lawyer can witness an enduring Power of Attorney for it to be considered a valid document.
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What type of Power of Attorney do you wish to create? General Valid until you become incapacitated. Enduring Valid even if are incapacitated.
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The formatting will change when printed or viewed on a desktop computer. Power of Attorney Page of. Page of. If the attorney is to act in relation to a land transaction, this power of attorney must be registered. Any part of the form that is crossed out must be initialled by the principal. It is recommended that the principal, or a person who is directed by the principal to sign, initials at the bottom of each page of this power of attorney.
OR if a person signed on behalf of the principal the Principal directed the person to sign the power of attorney for the Principal; the Principal gave the direction voluntarily in my presence and the person signed this power of attorney in the presence of the Principal and me; the person signed the power of attorney in the presence of the Principal and me; and the Principal appeared to me to understand the nature and effect of making this power of attorney.
You must notify other attorneys when you resign as attorney or your authority is revoked. If you want to appoint more than one attorney and you want your attorneys to have the same functions, then you should fill out this form by inserting the names of all of your proposed attorneys in the place indicated.
Section 2, Multiple Attorneys This section relates to the appointment of two or more attorneys. If you are only appointing one attorney, then cross out this section and put your initials beside any writing you have crossed out. If you want to appoint more than one attorney and you want your attorneys to have the same functions, then you should also indicate whether you want them to act: together - they will only be able to act if they all agree on the course of action; or separately - each of them will be able to act independently.
You may appoint attorneys to act together and separately or in any combination, and you may also authorise different attorneys to act in different circumstances, on the happening of different events, or in relation to different matters.
Section 3, Directions, Limitations and conditions If you want your attorney to exercise power for any specified purpose or specified purposes, indicate it in this section. You may also indicate in this section whether you want this power of attorney to end on a particular date or event. Section 5, Statement of Understanding and Signature Understanding the nature and effect of making a power of attorney includes understanding each of the following: that the principal may, in the power of attorney, state or limit the power to be given to an attorney; that the principal may, in the power of attorney, instruct the attorney about the exercise of the power; when the power under the power of attorney can be exercised; that, if the power under a power of attorney can be exercised for a matter, the attorney has the power to make decisions in relation to, and will have full control over, the matter subject to terms or information about exercising the power that are included in the power of attorney; and that the principal may revoke the power of attorney at any time the principal is capable of making the power of attorney.
Need Help With This Question? Document Preview About this Document. Who is involved in a Power of Attorney?
A Power of Attorney generally involves two parties: the principal and the attorney. What is the difference between a general and enduring Power of Attorney? The following section sets out the definitions and clarifies the differences of each: General Power of Attorney This type of POA is used when a principal is capable of making decisions for themselves but can't due to reasons such as unavailability e.
It is sometimes called an ordinary Power of Attorney. An attorney can start using a general POA immediately after it is signed by the principal or on a certain date, if that date is included in the document.
Unless otherwise specified in the document, a general POA ends on a specific date if a date is included , when it is revoked typically by using a Revocation of Power of Attorney , or if the principal becomes incapacitated Enduring Power of Attorney This type of POA is generally used when a principal is unable to make their own decisions due to incapacity meaning the principal is physically or mentally impaired and does not have the ability to make their own decisions, perform their own actions, etc.
However, it can still be used when a principal is not incapacitated similar to a general POA. Do you wish your Attorney s -in-fact to be compensated? Yes, as set by me Yes, as determined by the Attorney s -in-fact Only out-of-pocket expenses. Describe how your Attorney-in-fact will be compensated:.
Can your Attorney s -in-fact personally benefit from control of your assets? Does your Attorney s -in-fact co-own some of these assets? Do you wish to create a Durable Power of Attorney one that will remain effective if you become incapacitated?
Do you wish to specify a termination date for your Power of Attorney? Enter the termination date here e.
March 18th, :. Determination of Incapacity:. Who will decide if you are incapacitated? One licensed physician Two licensed physicians. Power to purchase, sell, lease, or mortgage real estate Yes. Power to purchase, sell, and manage tangible personal property Yes. Power to maintain and re-invest my assets Yes.
Power to manage bank accounts and perform banking transactions Yes. Power to manage any government benefits I receive Yes. Power to manage my retirement savings or pension plans Yes. Power to file tax returns and handle other tax matters Yes. Power to control and manage my insurance policies Yes. Power to manage the affairs of any businesses I own or have an interest in Yes. Power to participate in claims and litigation matters on my behalf Yes.
Power to control my estate, beneficiary, and trust matters Yes. Power to manage the transfer of my assets to living trusts Yes.
Power to pay for living expenses, education, medical treatment of me and my family Yes. Power to hire caretakers for me and my family Yes. Power to provide seasonal gifts to my family members Yes. Power to continue donating to my charitable organizations Yes. Power to do anything I could otherwise do if personally present Yes. Limited Powers:. Power to manage a particular property I own Yes. Power to control specific bank accounts Yes.
Additional Powers:. How many additional powers do you wish to specify: None 1 2 3 4 5. Additional power one:. Additional power two:.
Additional power three:. Additional power four:. Additional power five:. Do you wish your Attorney-in-fact to prepare financial reports? No Yes, every 6 months Yes, every year. Address where reports will be sent e. Address, City, State, Zip Code :. Do you wish to restrict the powers of your Attorney-in-fact? My Attorney-in-fact must make appropriate expenditures to allow me and my family to remain independent as long as possible Yes.
Number of additional restrictions to add: None 1 2 3 4 5. Additional restriction one:. Additional restriction two:.
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