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Your enduring power of attorney must be signed by you in the presence of an eligible witness. In signing the enduring power of attorney, the witness is certifying that you appeared to have capacity to make the enduring power of attorney.
The key distinction between the two is that: your general Power of Attorney becomes invalid upon your death or when you lose the mental capacity to make your own decisions; whereas,\u2022 an Enduring Power of Attorney will continue to have effect during your lifetime even if you lose capacity to self-manage.
Use the enduring power of attorney\u2014long form (form 3) to appoint different attorneys for personal (including health) matters and for financial matters. Paper copies are available to purchase from various newsagents and stationery suppliers throughout Queensland.
Do I need to register the Enduring Power of Attorney document? In the ACT an Enduring Power of Attorney does not need to be registered unless it is being used on your behalf in respect of the transfer of, or other dealing with, land.
Also, if your attorneys become unable to act under an EPA it becomes invalid as there is no one to replace them. However, an LPA is much more flexible and offers greater protection as you can appoint replacement attorneys. This is particularly useful if your original attorney or attorneys become unable to act.
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Enduring power of attorney. An enduring power of attorney allows you (the principal) to appoint someone you trust (an attorney) to make decisions about personal (including health) matters and/or financial matters for you.
With no EPOA in place, then a friend or relative may step forward to assist\u2026 but before anything can happen, they will need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your Administrator (to make financial decisions) and/or your Guardian (to make personal decisions).
Registering an EPA An attorney must register the EPA if the donor starts to lose mental capacity. If there's more than one attorney listed in the EPA, check whether they have been appointed to act jointly, or jointly and severally.
The main disadvantage is that by registering in advance you lose the safeguarding that registration can provide. In other words you can choose people to be notified of registration who may object at the time if they think that your Attorney is incompetent or should not be acting for any reason.
To be effective, an enduring power of attorney must not only be signed by the principal, but also witnessed by an eligible witness. An eligible witness is a person who is: a justice of the peace, a commissioner for declarations, a notary public or a lawyer.

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