Enduring power of attorney - long form (Form 3)

An enduring power of attorney lets an adult (the principal) authorise one or more eligible attorneys to make personal or financial decisions for them, and it continues if the principal loses capacity (s 32, Powers of Attorney Act 1998 (Qld)). It must be in an approved form (s 44(1)). Form 3, Version 4, approved for use from 30 November 2020, is the long form: it has separate parts for attorneys for personal (including health) matters and attorneys for financial matters, each with its own decision-making method, terms and notification instructions. If you want the same attorneys for both, or attorneys for only one type of matter, use Form 2, the short form. The principal must be able to make it freely and voluntarily and understand its nature and effect (s 41), and must sign it in front of an eligible witness who certifies the principal appeared to have capacity (ss 31, 44).

When you need it

• You want one person (or group) to make personal and health decisions and a different person (or group) to manage your finances.
• You want different decision-making methods, terms or notification requirements for personal matters and for financial matters.
• Use Form 2 (short form) for the same attorneys for both, or for one type of matter only. Use an advance health directive (Form 4) to give directions about future health care.

1. 1

   Sections 1 and 2: you and your wishes

   Fill in your full name and address. Section 2 is optional: record views, wishes and preferences your attorneys must consider, such as where you would prefer to live. Cross it out if unused.

2. 2

   Section 3: attorneys for personal (including health) matters

   Name each attorney. Each must be 18 or over, have capacity, not be your paid carer now or in the previous 3 years, not be your health provider and not be a service provider for a residential service where you live (s 29). If there is more than one, choose jointly, severally, by majority or another arrangement; if you do not, they must act jointly. Add any terms, and who your attorneys must notify when they begin exercising power.

3. 3

   Section 3: attorneys for financial matters

   Name each attorney, who must also not be bankrupt. Choose when their power begins: when you lack capacity, immediately, or at a stated time or occasion. If you leave this blank, power begins immediately (s 33(2)). Choose how they decide, add terms, and say who they must notify and what records to give, for example all financial records or transactions above a set amount, and how often.

4. 4

   Section 4: sign in front of an eligible witness

   Sign page 11 in front of a justice of the peace, commissioner for declarations, lawyer or notary public who is not the person signing for you, your attorney, a relation of you or your attorney, or (because personal matters are included) your paid carer or health provider (s 31). If you cannot sign, an eligible signer may sign at your direction in your and the witness's presence (s 30). The witness completes the certificate on page 12, states the total number of pages and signs both pages.

5. 5

   Section 5: attorneys accept

   After you and the witness have signed, each attorney signs the acceptance on the original, in any order. An appointment only takes effect for an attorney who has accepted it (s 44(8)).

• The form is not lodged anywhere to be valid. Keep the original in a safe place and give certified copies to your attorneys, doctor, other health providers, bank or lawyer, as the form suggests.
• If your attorneys may deal with land in Queensland for you, the enduring power of attorney must first be registered with the Titles Registry by lodging a Form 16 Request to register power of attorney with a single-sided certified copy.
• A copy can be certified as a true and complete copy by the principal, a justice of the peace, commissioner for declarations, notary public, lawyer, trustee company or stockbroker (s 45).
• If an interpreter helped prepare the document or is present at witnessing, they complete Form 7 Interpreter's/translator's statement. Use Form 8 for additional pages.

• Read Form 9, the explanatory guide, before you start. The long form refers to its pages throughout.
• You can appoint any number of attorneys, but no more than four joint attorneys for a matter (s 43(3)).
• Power for personal matters only operates while you have impaired capacity for the matter (s 33(4)).
• Review the document after major life events. Marriage or entering a civil partnership revokes it to the extent it gives power to someone other than your spouse or civil partner, unless it says otherwise (ss 52, 52A).