Enduring power of attorney - short form (Form 2)

An enduring power of attorney lets an adult (the principal) authorise one or more eligible attorneys to make financial or personal decisions for them, and it keeps working if the principal loses capacity (s 32, Powers of Attorney Act 1998 (Qld)). It must be in an approved form (s 44(1)). Form 2, Version 4, approved for use from 30 November 2020, is the short form, used to appoint the same attorney or attorneys for personal matters, financial matters, or both. If you want different attorneys for personal and financial matters, use Form 3, the long form. The principal must have capacity to make it, meaning they can make it freely and voluntarily and understand its nature and effect (s 41).

When you need it

• You want someone you trust to be able to make decisions for you if you lose capacity, or to handle your finances from a time you choose.
• You want the same attorney or attorneys for both personal (including health) and financial matters, or attorneys for only one of those.
• Use Form 3 (long form) instead if you want different attorneys for personal matters and for financial matters.
• If you only want to give directions about future health care, or appoint an attorney for health matters only, an advance health directive (Form 4) may suit better.

1. 1

   Section 1: your details

   Fill in your full name and address, with phone and email if you wish.

2. 2

   Section 2: your views, wishes and preferences

   Optional. Tell your attorneys what matters to you, for example where you would prefer to live and your health care preferences. Your attorneys must consider these but they are not instructions. Cross the section out if you do not use it, and cross out unused space.

3. 3

   Section 3: appoint your attorneys

   Give each attorney's name and address. Each must be an eligible attorney: at least 18, with capacity, not your paid carer now or in the last 3 years, not your health provider, not a service provider for a residential service where you live, and, for financial matters, not bankrupt (s 29). Tick whether they act for personal matters, financial matters or both, and when financial power starts: when you lose capacity, immediately, or at a time or circumstance you specify. If you leave that part blank, financial power starts immediately (s 33(2)).

4. 4

   Section 3: how they decide, terms and notifications

   If you appoint more than one attorney, choose jointly, severally, by majority or another arrangement. If you do not choose, they must act jointly, and you cannot appoint more than 4 joint attorneys (s 43(3)). You can add terms and instructions, and name people your attorneys must notify or give financial records to, and how often.

5. 5

   Section 4: sign in front of an eligible witness

   Sign in front of a justice of the peace, commissioner for declarations, lawyer or notary public who is not your attorney, a relation of you or your attorney, the person signing for you, or (if personal matters are included) your paid carer or health provider (s 31). If you cannot sign, an eligible signer can sign at your direction in front of you and the witness (s 30). The witness completes the witness certificate, confirming you appeared to have capacity, states the number of pages, and signs both pages.

6. 6

   Section 5: attorneys accept

   After you and the witness have signed, each attorney signs the acceptance on the original form. An appointment only takes effect for an attorney once they have accepted it by signing (s 44(8)).

• You do not lodge or register the form anywhere for it to be valid. Keep the original in a safe place and give certified copies to your attorneys, doctor, other health providers, bank or lawyer.
• If your attorneys will need to deal with land in Queensland for you, register the enduring power of attorney with the Queensland Titles Registry by lodging a Form 16 Request to register power of attorney with a certified copy. Once registered, an image of it is publicly searchable.
• A certified copy can be certified by a justice of the peace, commissioner for declarations, lawyer or notary public, among others (s 45). The Act also allows the principal, a trustee company or a stockbroker to certify.
• If an interpreter helps, they complete Form 7 Interpreter's/translator's statement. You can also send a copy to Queensland Health's Office of Advance Care Planning to be added to your health record.

• Read the Form 9 explanatory guide before you start. The form refers to its pages throughout.
• The witness is not just witnessing a signature. They must be satisfied you understand the document and are signing freely. Where there is a reasonable likelihood of doubt, the Act notes it is advisable for the witness to make a written record of why they were satisfied (s 41 note).
• Revoke an old enduring power of attorney with the revocation form (Form 6) and tell your attorneys. If it was registered with the Titles Registry, register the revocation too.
• Under the Queensland Government guidance, marriage or entering a civil partnership automatically revokes the document to the extent it appoints someone other than your spouse or civil partner, unless the document says otherwise.