Interpreter's/translator's statement (Form 7)

Form 7, Version 2, approved for use from 30 November 2020 under section 161 of the Powers of Attorney Act 1998 (Qld), records that an interpreter or translator helped a principal who needed language assistance. The enduring power of attorney forms say that if an interpreter assisted in preparing the document, or is present when it is witnessed, Form 7 should be completed. This matters because the principal must understand the nature and effect of the document to have capacity to make it (ss 41, 42), and the eligible witness must certify that the principal appeared to have that capacity (s 44(4)). Form 7 shows how that understanding was achieved: by an interpreter reading out and interpreting the document at witnessing, or by an interpreter or translator who interpreted or translated it while it was being prepared.

When you need it

• An interpreter is present when the principal signs an enduring power of attorney or advance health directive in front of the witness.
• An interpreter or translator helped the principal prepare the document, by interpreting it orally, by providing a written translation, or both.
• If one person interpreted at witnessing and a different person helped with preparation, each completes their own section.

1. 1

   Section for an interpreter present at witnessing

   The interpreter gives their name, address and NAATI number if applicable, states the language in which they read out and interpreted the document to the principal, ticks to confirm they provided a true and correct interpretation, then signs and dates.

2. 2

   Section for preparation of the document

   An interpreter or translator who helped prepare the document gives the same details, states the language, ticks whether they provided a true and correct interpretation, a true and correct written translation, or both, then signs and dates.

3. 3

   Complete only the parts that apply

   If the same person did both, they complete both sections. Leave a section blank if no one performed that role.

• Form 7 is not lodged anywhere. Attach it to the original enduring power of attorney or advance health directive and keep them together.
• Include Form 7 in any certified copies you give to attorneys, health providers or a bank, so the copy is complete (s 45).

• Use a qualified interpreter where possible. The form asks for a NAATI number if the interpreter has one.
• The interpreter is not the witness. The eligible witness must still be a justice of the peace, commissioner for declarations, lawyer or notary public and must still be satisfied about the principal's capacity (ss 31, 44).
• Keep Form 7 with the original document. It is part of the record of how the principal came to understand what they signed.