20210312 - Owners Consent · EXE21/0023

Page 2

murdoch

lawyers

ENDURING POWER OF ATTORNEY
Long Form

PRINCIPAL

Nicole Patricia Morrison

138 margaret street p. 07 4616 9898

po box 963 f. 07 4632 6600
toowoomba queensland 4350 murdoch lawyers pty Itd
www.murdochlawyers.com.au abn 55 907 562 402

Liability limited by a scheme approved under professional standards legislation.

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Page 4

Form 3

Queensland

Powers of Attorney Act 1998
(Section 44(1))

ENDURING POWER OF ATTORNEY

ver: 2-1/6/02

 

Long Form

Use this document if you wish to appoint an attorney/s for personal
matters (including health care) and a different attorney/s for financial
matters.

If you wish to appoint the same attorney/s for both personal/health and
financial matters, you may use the short form.

Use this document only if you wish your attorney to act for you, or to
continue to act for you, if you have lost the capacity to make decisions
yourself. If you do not wish your attorney to act for you if you have lost
this capacity, use the General Power of Attorney form instead.

This document can be used by non-English speakers if a qualified
interpreter/translator reads it to the person in the person's own language
and a signed Statement of Interpreter/Translator is attached.

Page 5

PART 1: For the person appointing an attorney

 

IMPORTANT NOTICE

By completing this document, you can give a person of your choice the power to
make decisions on your behalf about:

@  personal/health matters
and/or
financial matters.

These pages explain, in question-and-answer form, what you need to know to
complete the document properly.

Because you are the person principally concerned, you are referred to as ‘the
principal’.

What is enduring power of attorney?

Power of attorney is the legal power to make decisions on someone else's behalf.
‘Enduring’ simply means that the power continues even if the person giving it
loses the capacity to make decisions.

Why give someone enduring power of attorney?

There are some circumstances in which you may be unable to make decisions
about matters that concern you. For example, you may be overseas, or you may
be too ill.

If you give someone a general power of attorney, for instance to sign documents
for you in your absence, that power will come to an immediate end if for some
reason you lose your capacity to make decisions. This could be very awkward if
your attorney is in the process of conducting business affairs for you.

Giving someone enduring power means that he/she is able to continue to act for
you if you lose capacity to act for yourself.

What types of decisions?
You may give your attorney power to make decisions about:

HM personal/health matters;
@ = financial matters.

Examples of personal/health matters are decisions about where and with whom
you live, whether you work or undertake education or training, whether you
apply for a licence or permit, day-to-day issues like diet and dress, and whether
to consent, refuse to consent or withdraw consent to particular types of health
care for you (such as an operation).

An example of a financial matter is deciding how your income should be
invested.

Page 6

Note: You cannot give your attorney power to make decisions about:

™@ special personal matters such as a decision about your will, appointing someone as your attorney,
voting at elections, or consenting to adoption or marriage;

: special health matters, such as donation of body tissue, sterilisation, pregnancy termination, research
or experimental health care, or certain psychiatric or other health care as specified in the regulations.

Your attorney can consent to the withdrawing or withholding of life-sustaining medical treatment if, for
instance, you become terminally ill or go into a state of permanent or persistent unconsciousness. You can
also give instructions about this type of decision if you make an Advance Health Directive.

These instructions will override any decision of your attorney.

Can I limit my attorney's powers?

Yes, you can specify decisions that you do not want your attorney to make. You
can also include particular instructions about what you would like your attorney
to do. Your attorney must act in accordance with your instructions.

There are also limits set by legislation. For example, the Trusts Act names the
types of investment that a trustee (in this case your attorney) is authorised to
make. If you lose the capacity to make financial decisions, the only investments
your attorney can make on your behalf are those that are named in the Act,
unless the consent of the Court is obtained.

Can | appoint more than one attorney?

Yes. Several options are provided for in the Act. For example, you may appoint
two or more attorneys to act jointly (together), or as a majority (simple, two-
thirds, etc.), or severally (any one of your attorneys can sign), or successively
(power is given to a particular attorney when the power given to another
attorney ends, or when the other attorney is not available to make decisions).

If you choose two or more attorneys to make decisions jointly, they have equal
authority and can act only with the agreement of them all. If one attorney dies,
the remaining attorneys exercise the power.

It is important that your intentions be expressed clearly. There is space in this
document to appoint up to three attorneys.

Whom should | appoint as my attorney?

You should appoint someone you trust. Many people choose their spouse or an
adult child, but you may prefer to appoint another family member or friend with
expertise in the area, or the Adult Guardian for personal matters, or the Public
Trustee or a trustee company for all matters. (The Adult Guardian is appointed
by statute to look after the rights and interests of people with disabilities and, in
certain situations, to give health-care consent.)

Your attorney must be over eighteen years of age, must not be your current paid
carer or your current health-care provider (such as your nurse or your doctor},
and (for financial matters) must not be bankrupt or insolvent.

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Note: ‘Paid carer’ does not mean someone receiving a carer's pension or similar benefit, so you are free to choose
someone who is receiving such a benefit for looking after you.

Should | pay my attorney?

You do not need to pay your attorney for the power to be effective. Normally
payment is not made unless a trust company is acting as attorney.

When does the attorney's power begin?

With personal/health matters, your attorney's power to make decisions does not
begin until (if ever) you are incapable of understanding the nature and
foreseeing the effects of a decision, and of communicating that decision.

With financial matters, you may nominate when your attorney's power is to
begin. If you do not name a date or an occasion, it begins immediately. On the
other hand, if you lose the capacity to make such decisions before the date or
occasion you name, the power begins at that point.

Note: Even if you give your attorney power immediately, you may also continue ta make decisions yourself while
you are able to do so.

How much control will my attorney have?

Once the power to make a decision begins, your attorney will have full control
over that decision unless you have explicitly limited that power in this document.

Note: It is better not to place too many restrictions on your attorney's power, as this may make it difficult for your
attorney to make decisions on your behalf.

How long does the power continue?

For personal/health matters, it continues so long as you are incapable of
understanding the nature and foreseeing the effects of a decision, and of
communicating that decision.

For financial matters, it continues until it is revoked.

How can | be sure that my attorney will act in my interests?
While (if ever) you are unable to oversee your attorney's decisions, the Adult
Guardian and the Court have the power to protect your interests. Your attorney
may be required to produce a summary of receipts and expenditure or more
detailed accounts, and these may be audited. An attorney who does not
adequately protect your interests can be removed or changed.

Can | change or revoke this power of attorney?

Yes, you may change or revoke it at any time, so long as you are capable of
understanding what you are doing. In other words, so long as you have

Page 8

the capacity to make an enduring power of attorney, you also have the capacity
to change or revoke it.

If you do change or revoke this power, you must inform your attorney.
Is there anything else that will end this power?

Yes, several other circumstances will bring this enduring power of attorney to an
end:

@ If you get married. If you marry, the power of attorney is revoked unless
your new spouse is already your attorney. (If your new spouse is your
attorney, the only power that is revoked is the power of any other attorney
you may have.)

@ = If you get divorced. If you divorce, the power of attorney is revoked to the
extent that it was given to your former spouse.

EH Ifyou die. If you die, the enduring power of attorney is revoked in its
entirety.

@ If you make an inconsistent document. This power is revoked to the extent
of any inconsistency with any later document you complete, such as an
Advance Health Directive or another enduring power of attorney.

@ = If your attorney withdraws. Your attorney may withdraw by giving you a
signed notice or by getting the Court's leave to withdraw.

@ If your attorney becomes your paid carer or health-care provider. If this
happens, your attorney's power is revoked.

if your attorney becomes incapable. Your attorney's power is revoked if
he/she becomes incapable of understanding the nature and foreseeing the
effects of a decision, and of communicating that decision.

@ if your attorney becomes bankrupt or insolvent.

@ If your attorney dies.

How do | complete this document?

The document is organised so that you can give enduring power of attorney for
personal matters, or for financial matters, or for both. It includes three forms:

@ Form 1, which you complete if you wish to give power to an attorney for
personal/health matters;

@ Form 2, which you complete if you wish to give an attorney power for
financial matters;

@= Form 3, which your attorney completes.

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To appoint an attorney or attorneys for both personal and financial matters, all
three forms must be completed.

Who is involved in completing this document?
At least three people:

@ You (the principal). You complete either Form 1: Appointing an Attorney for
Personal Matters or Form 2: Appointing an Attorney for Financial Matters (or
both Form 1 and Form 2). You must sign after clause 6 in Form 1 and/or
clause 14 in Form 2.

If you have a physical disability which prevents you from signing, you may
instruct another person to sign for you, but you must give the instruction in
front of the witness, and the signing must be done in your presence. This
person must be eighteen years old or more, and must not be the witness or
your attorney. He/she must complete the statement beside the place for
his/her signature.

— The witness, who must be a justice of the peace, commissioner for
declarations, lawyer or notary public. The witness must not also sign for you
and must not be your attorney, a relation of yours or of the person/s you
appoint as attorney. If the power includes dealing with personal/health
matters, the witness must not be your current paid carer or your current
health-care provider.

The witness must state that you appeared to understand what you were
doing. If the witness is not sure that you understand the nature and effect
of the appointment, he/she should refuse to sign the document.

if you are appointing an attorney for personal matters, the witness must
sign Form 1 after clause 6 and must also complete the Certificate of witness
to Form 1, which follows.

If you are appointing an attorney for financial matters, the witness must sign
Form 2 after clause 14 and must also complete the Certificate of witness to
Form 2, which follows.

@ = The attorney. Your attorney/s must be at least eighteen years old and must
not be your current paid carer or health-care provider. If you are appointing
an attorney for personal/health matters, the attorney must complete Form
3: Attorney's acceptance, (a) Acceptance by attorney for personal/health
matters.

If you are appointing an attorney for financial matters, the attorney must
complete Form 3: Attorney’s acceptance, (b) Acceptance by attorney for
financial matters.

if you are appointing attorneys for both personal/health and financial
matters your attorneys must complete both sections (a) and (b) of Form 3:
Attorney’s acceptance.

Page 10

Where can | go for advice?

The Adult Guardian, the Public Trustee or a solicitor can advise you about the
enduring power of attorney and how to complete this document.

If you are completing an enduring power of attorney for personal/health
matters, it is strongly recommended that you notify your doctor.

What happens to this document when it is completed?

You should leave the original in a safe place, such as with your bank, but it's
important to keep a copy to refer to.

You should also give a copy to anyone else who may need to be involved, such

as:

™@ > your attorney;

@ your doctor;

@ your solicitor;

@ your accountant;
@ your stockbroker.

You may also wish to carry a card in your purse or wallet, stating that you have
made an enduring power of attorney and giving details of that appointment.

if your attorney will be making decisions about buying or selling land, this
document must be registered with the Land Titles Office.

How do | register this document?
It is not necessary to do so unless it is likely to be used in transactions relating to
buying or selling land. If you register the document, you must take the original

copies to the Land Titles Office and pay the fee.

If the power is revoked, you must deregister the document by lodging a
revocation form in the Land Titles Office.

Page 11

FORM 1: APPOINTING AN ATTORNEY FOR PERSONAL/HEALTH MATTERS
a

Note:

of:
ph:

 

if you do not want your attorney to make decisions about personal/health matters, rule a line through Form
1 and Certificate of witness to Form 1.

|, Nicole Patricia Morrison (‘the Principal’)
of 56 Lilly Street, Sherwood, 4075

appoint the following:

Simon Michael Morrison (‘Simon’)
56 Lilly Street, Sherwood, 4075

as my attorney/s, under enduring power of attorney, for personal/health matters.

Do you want to set any terms for the power given in clause 1 (e.g. limit the power of your
attorney or give specific information about your wishes)?

No > Goto 4.

C] Yes.

Write these terms here: (For example: ‘My attorney/s must not consent to a blood transfusion on my
behalf or ‘If |need nursing-home care, | want my attorney to try XYZ Nursing Home first’.)

Are you appointing more than one attorney for personal/health matters?
No Go to 6.

C | Yes.

How do you prefer that they make their decisions?

[-]  Severally (any one of them may decide)

Jointly (unanimously)

As a majority (if you are appointing more than three attorneys, please specify,
e.g. ‘Simple majority’, ‘Two-thirds majority’)

Cr] Other:

OO

Page 12

6. STATEMENT OF UNDERSTANDING

(1) | fully understand that, by signing Form 1 of this document, | give power to the
attorney/s mentioned in clause 1 to make decisions on my behalf about
personal/health matters.

(2) understand that | may specify or limit the attorney/s power, and instruct the
attorney/s about the exercise of the power.

(3) | understand that this gives the attorney/s power to do, for me, anything | could
lawfully do myself in relation to these matters (except for special personal/health
matters), subject to any terms mentioned in this form.

(4) | understand that, because of the Act, the power given to my attorney/s in clause 1

begins only when (if ever) | become incapable of understanding the nature and
foreseeing the effects of such decisions, or of communicating those decisions.

(5) | understand that | may change or revoke this enduring power of attorney at any time
so long as my power to make such a decision is not impaired - in other words, so long

as |am capable of making another enduring power of attorney.

[Principal signs here]

or

 
  

If you are signing for principal: sr Lil

[Witness ae) Ye

(a) lam atleast eighteen years old

(b) |am nota witness for this enduring power
of attorney or an attorney for the principal.

yy

[Witness writes the date here]

   

[Write the date here]

Page 13

CERTIFICATE OF WITNESS TO FORM 1

 

Your role goes beyond ensuring that the signature of the principal (the person
giving the power) is genuine. You certify that the principal appeared to
understand the matters stated in clause 6 (Statement of understanding). In the
future, you may have to provide information about the principal's capacity to
understand these matters when giving the power. If you are doubtful about the
principal's capacity, you should make appropriate inquiries, e.g. from the
principal's doctor.

It is strongly recommended that, if you are in any doubt, you make a written
record of the proceedings and of any questions you asked to determine the
principal's capacity.

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justice of the peace
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notary public,

b) lam not:
an attorney for the principal

Hor arelation of the principal or of the principal's attorney/s
™@ ~~ oracurrent paid carer or current health-care provider for the principal,
Note: ‘Paid carer’ does not mean someone receiving a carer's pension or similar benefit.

(Tick one box only)

the principal signed this enduring power of attorney in my presence

in my presence, the principal instructed a person to sign this enduring power of
attorney for the principal, and that person signed it in my presence and in the
presence of the principal

OIWe

and
(d) at the time that this enduring power of attorney was signed, the principal appeared
to me to understand the matters stated in clause 6.

 

[Witness writes the date here]

10

Page 14

FORM 2: APPOINTING AN ATTORNEY FOR FINANCIAL MATTERS

Note:

of:
ph:

of:
ph:

10.

 

If you do not want your attorney to make decisions about financial matters, rule a line through Form 2 and
Certificate of witness to Form 2.

|, Nicole Patricia Morrison (‘the Principal’)
of 56 Lilly Street, Sherwood, 4075

appoint the following:

Simon Michael Morrison (‘Simon’)
56 Lilly Street, Sherwood, 4075

Kent Allan Burling (‘Kent’)
100 Margaret Street, Toowoomba, 4350
0457 700 332

as my attorney/s, under enduring power of attorney, for financial matters.

Do you want to set any terms for the power given in clause 8 (e.g. limit the power of your
attorney or give specific information about your wishes)?

[] No Goto 11.
XI Yes.

Write these terms here:

My attorneys have full authorisation to attend to financial matters on my behalf. Without limiting
my attorneys’ powers, | expressly authorise my attorneys to act in the manner set out below.

(1) Powers as Shareholder

lf | have shares in any company, my attorneys may exercise the voting powers attached to
those shares, including:

{a) to remove me as a director or officer of the company; and

(b) to appoint one or more replacement directors or officers in my place (and my
attorneys may appoint themselves as replacements).

(2) Powers and Discretions as Officeholder

My attorneys may exercise any powers or discretions | have as an executor, trustee, appointor,
guardian or other officer of a will, trust or company, to the extent allowed by law and by the
terms of the will, trust deed or company constitution.

{3) Superannuation

My attorneys may exercise any powers or discretions | have as a member of any
superannuation fund including, for example:

(a) to redeem my entitlement or to transfer my entitlement from one superannuation
fund to another; and

(b} to extend any binding death benefit nomination that | have made previously, even if
the nomination is in favour of one or more of my attorneys or their immediate family
members.

11

Page 15

11.

12.

13.

(4)

(5)

(6)

(7)

(8)

(9)

Land

My attorneys may sign documents and make decisions about buying or selling land and
refinancing loan facilities, including loan agreements, securities, and documents to create,
register or release a mortgage over land.

Employment

My attorneys may sign documents and make decisions to terminate any existing employment,
service or similar arrangements.

Conflict of Interest

My attorneys may enter into any conflict transactions under section 73(1) of the Powers of
Attorney Act 1998 (‘the Act’), but my attorneys:

(a) must still exercise their power honestly and with reasonable diligence to protect my
interests, under section 66(1) of the Act; and

(b) must not give away my property except in the circumstances set out in section 88 of
the Act.

Specific advances or gifts

From time to time | may enter into agreements with my children including advancing monies
to them or gifting them monies. Should | lose capacity and those agreements indicate that my
attorneys should continue those arrangements, my attorneys should do so.

Remuneration

| have appointed my professional advisor, Kent, as my attorney. | authorise Kent to receive
payment for all time he spends managing my affairs at his usual professional hourly rates
regardless of whether Kent could have done the work personally.

Subsequent appointments

This power of attorney applies until | expressly revoke it, even if | have given or in the future
give a more specific power of attorney.

When do you want the power of your attorney/s for financial matters to begin?

K
LJ
LJ

Immediately.
On this date:
On this occasion:

Are you appointing more than one attorney?

[J
x]

No > Go to 14.
Yes.

How do you prefer that they make their decisions?

xX
C
O
0

Severally (any one of them may decide)

Jointly (unanimously)

As a majority (if you are appointing more than three attorneys, please specify,
e.g. ‘Simple majority’, ‘Two-thirds majority’)

Other:

12

Page 16

14. STATEMENT OF UNDERSTANDING

(1) | fully understand that, by signing Form 2 of this document, | give power to the
attorney/s mentioned in clause 8 to make decisions on my behalf about financial
matters.

(2) | understand that | may specify or limit the attorney/s power, and instruct the
attorney/s about the exercise of the power.

(3) | understand that this gives the attorney/s power to do, for me, anything | could
lawfully do myself in relation to these matters, subject to any terms mentioned in this
form.

(4) | understand that, because of the Act, the power given to my attorney/s in clause 8
begins at the time stated in clause 11 and continues even if | lose capacity.

(5) | understand that | may change or revoke this enduring power of attorney at any time
so long as my power to make such a decision is not impaired - in other words, so long
as |am capable of making another enduring power of attorney.

   

[Principal signs here]
or

If you are signing for principal:

(a) !am at least eighteen years old

(b) lam nota witness for this enduring power
of attorney or an attorney for the principal.

 

[Witness writes the date here]

[Write the date here]

13:

Page 17

CERTIFICATE OF WITNESS TO FORM 2

 

Your role goes beyond ensuring that the signature of the principal (the person
giving the power) is genuine. You certify that the principal appeared to
understand the matters stated in clause 14 (Statement of understanding). In the
future, you may have to provide information about the principal's capacity to
understand these matters when giving the power. If you are doubtful about the
principal's capacity, you should make appropriate inquiries, e.g. from the
principal's doctor.

It is strongly recommended that, if you are in any doubt, you make a written
record of the proceedings and of any questions you asked to determine the
principal's capacity.

15. I, decceceuscecessecseenececseeed Pat Ra aL Mae? (veg ME IEC e TARA , state that -

db cLevude Macros do vesvinn tian ehesunfoasecascess snes swing gees cespisWiowts eesiei'es POR eee
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10 6/ /
(a) lama:
i justice of the peace
LE] commissioner for declarations
LE] lawyer
| notary public,

(b) lam not:
an attorney for the principal
or a relation of the principal or of the principal's attorney/s,

S

(Tick one box only)

the principal signed this enduring power of attorney in my presence

in my presence, the principal instructed a person to sign this enduring power of
attorney for the principal, and that person signed it in my presence and in the
presence of the principal

OO

and
(d) at the time that this enduring power of attorney was signed, the principal appeared
to me to understand the matters stated in clause 14.

 

[Witness writes the date here]

14

Page 18

IMPORTANT NOTICE TO THE ATTORNEY

 

If you accept this power of attorney, you will be taking on serious
responsibilities. If you fail to observe these responsibilities, you could be
removed as attorney or even convicted of an offence and required to pay
compensation.

Besides the particular responsibilities mentioned in Form 1 and/or Form 2 of this
document, there are responsibilities imposed by the Powers of Attorney Act
1998,

What are these responsibilities?

15

They are both general and specific.
General responsibilities (to guide you in decision-making)

You must exercise the power given to you honestly and with reasonable care. It
is an offence not to do so, and you may also be required to compensate the
principal.

You must comply with the terms of the enduring power of attorney, and any
other Court requirement. In addition, you must abide by the general and health-
care principles on which the Act is based.

General principles include:

a presuming that the principal has the capacity to make a particular decision
until there is conclusive evidence that this is not the case;

M@ recognising his/her right to participate in decisions affecting his/her life to
the maximum extent for which he/she has capacity;

M srespecting the principal’s human worth and dignity and equal claim to basic
human rights, regardless of his/her capacity;

HM srecognising the principal's role as a valued member of society and
encouraging his/her self-reliance and participation in community life;

@ taking into account the importance of the principal's existing supportive
relationships, values and cultural and linguistic environment;

a ensuring that your decisions are appropriate to the principal's
characteristics and needs;

a recognising the principal's right to confidentiality of information.
The health-care principles are:
Any health-care decision you make for the principal must:

@ maintain and promote the principal's health or well-being or is in all the
circumstances in the best interests of the adult;

Page 19

Note:

a be made in the way that is least restrictive of the principal's rights;

Mm ~~ where possible, take account of the principal's views and wishes, along
with information given by the principal's health-care provider.

Financial decisions

Any investments you make on the principal's behalf while he/she lacks the
capacity to make financial decisions must be those that are named in the Trusts
Act as investments a trustee is authorised to make or are approved by the Court.

Reference to Court includes the Supreme Court or the Guardianship and Administration Tribunal.

For all decisions

If the principal has other attorneys, you must consult with them regularly and
make your decisions as directed in clauses 5 and/or 13. If you are a joint
attorney, for example, you and the other attorney/s must make your decisions
unanimously.

Specific responsibilities

a Duty to keep records. If you have the power to make financial decisions,
you must keep reasonable records of dealings and transactions made
under the power. It is an offence not to do so, and the Court or Adult
Guardian may require you to produce them.

H Duty to keep property separate. You must keep your property separate
from the principal's property unless you and the principal own the property
jointly.

a Duty to present a management plan and get approval for unauthorised
transactions. If you make a financial decision, you must present a plan of
management to the Court if the Court requires it.

If the principal's capacity to make decisions is impaired, you must also get
approval from the Court for any transactions that have not been
authorised in this document.

a Duty to avoid transactions that involve conflict of interest. You must not
enter into transactions that could or do bring your interests (or those of
your relation, business associate or close friend) into conflict with those of
the principal. For example, you must not buy the principal's car unless you
pay at least its market value.

However, you may enter into such a transaction if it has been authorised in
this document or by the Court, or if the transaction provides for the needs
of someone that the principal could reasonably be expected to provide for,
such as his/her child.

H Duty in relation to gifts. You must not give away the principal's property
except where the principal would be likely to do so, for example as a
marriage gift to a relation of the principal or a donation to his/her favourite
charity (so long as the size of the gift is reasonable in the circumstances).

16

Page 20

Power to maintain the principal's dependants. You may give reasonable
maintenance to the principal's dependants.

How do | complete a document for the principal?

If you have the power to execute (complete) a document for the principal, you
do so in the ordinary way, but you must note on the document that you are
executing it as the principal's attorney under enduring power of attorney (e.g.
‘John Smith, by his duly appointed attorney, Mary Jones’).

When does my power to make decisions begin?

It depends whether the power concerns personal/health matters or financial
matters.

Personal/health matters. Your power to make decisions for the principal
about personal/health matters does not begin until (if ever) the principal is
incapable of understanding the nature and foreseeing the effects of a
decision, and of communicating that decision. However, you must
continue to allow, and assist, the principal to make decisions in so far as
he/she is capable.

Financial matters. The principal may nominate in this document when
your power to make financial decisions begins. If the principal does not
nominate a date, then your power begins immediately.

When does my power end?

Note:

17

Though there is no time limit on enduring power of attorney, certain actions by
you, the principal or the Court can bring your power to an end.

In personal/health matters, your power also ends if the principal regains the
ability to make the decision in question.

Your actions

Your withdrawal. So long as the principal is capable of using the power
given to you, you can withdraw by giving him/her a signed notice or by
getting the Court's leave to withdraw.

Becoming the principal's paid carer or health-care provider. If this
happens, your power is revoked.

‘Paid carer’ does not mean someone receiving a carer's pension or similar benefit.

Becoming incapable. Your power is revoked if you become incapable of
understanding the nature and foreseeing the effects of a decision, and of
communicating that decision.

Becoming bankrupt or insolvent. If this happens, your power is revoked.

Your death.

Page 21

The principal's actions

a Revoking your power. The principal may revoke your power at any time,
so long as his/her capacity to make the decision is unimpaired. In other
words, so long as the principal has the capacity to make an enduring power
of attorney, he/she also has the capacity to revoke it.

If the principal revokes your power, he/she must inform you in writing.

@ = Appointing a new attorney to have your powers. If the principal
completes a new document giving your powers to another attorney, your
powers are revoked to that extent. Because the new document has a later
date, it overrides the first.

@ ~~ Getting married. If the principal marries, your power of attorney is
revoked unless you are the principal's new spouse. (If you are the
principal's new spouse, the only power that is revoked is the power of any
other attorney that the principal may have.)

™@ = Getting divorced. If the principal divorces and you were the principal's
former spouse, your power of attorney is revoked.

~The principal's death. If the principal dies, your enduring power of
attorney is revoked in its entirety.

Actions by the Court

Your power may also be changed or revoked by the Court if you have failed to
act in the principal's interests.

Can | be held liable?

Yes, if you use the enduring power of attorney knowing that it has been changed
or revoked, or knowing of an event that effectively revokes it, or even if you have
reason to believe that it has been revoked.

The Court and the Adult Guardian have the power to protect the principal's
interests. You may be required to produce a summary of receipts and
expenditure or more detailed accounts, and these may be audited. You may also
be required to give evidence in relation to the exercise of your powers. If the
Court or Adult Guardian believes that you have not adequately protected the
principal's interests, you may be removed or your enduring power of attorney
may be revoked, and you may be required to compensate the principal.

Where can | go for advice?

The Court, the Adult Guardian, the Public Trustee or a solicitor can advise you
about this document and your power and responsibilities under it.

The Court can also make a declaration about the validity of this document or
whether your power to make a decision for the principal has begun.

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Page 22

FORM 3: ATTORNEY'S ACCEPTANCE

 

As attorney, you complete the section of this form that applies to you by writing
on the lines and ticking the boxes. If you are not able to tick all the boxes
truthfully, then you must not accept this appointment as attorney.

(a) Acceptance by attorney/s for personal/health matters

(First or only attorney completes this section)
16. |, Simon Michael Morrison, state that:
[J lam eighteen or over,
we lam not a current paid carer of the principal,
[4 lam nota current health-care provider for the principal,
7 | have read Form 1 of this document, giving me enduring power of attorney for
personal/health matters,
4 | understand that, by signing this document, | take on the responsibility of exercising
the power | have been given in the document,
i | also understand that | must exercise the power in accordance with the Powers of
Attorney Act 1998 and the Guardianship and Administration Act 2000.

cst cnt NOEMBER 2017

(Write your signature here. [Write the date here]

  

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Page 23

{b) Acceptance by attorney/s for financial matters

(First or only attorney completes this section)
17. |, Simon Michael Morrison, state that:
lam eighteen or over,
1am not a current paid carer of the principal,
lam not a current health-care provider for the principal,
| have read Form 2 of this document, giving me enduring power of attorney for
financial matters,
4 | understand that, by signing this document, | take on the responsibility of exercising
the power | have been given in the document,
a) | also understand that | must exercise the power in accordance with the Powers of
n Attorney Act 1998 and the Guardianship and Administration Act 2000.
Zi

ite your signature here.

    

2017

[Write the date here]

 

     

(Second or only attorney completes this section)

18. 1, Kent Allan Burling, state that:
lam eighteen or over,
!am not a current paid carer of the principal,
lam not a current health-care provider for the principal,
| have read Form 2 of this document, giving me enduring power of attorney for
financial matters,
w | understand that, by signing this document, | take on the responsibility of exercising
4 the power | have been given in the document,
lalso understand that | must exercise the power in accordance with the Powers of
Attorney Act 1998 and the Guardianship and Administration Act 2000.

[Write your signature here]

 
 
 

[Write the date here]

QUEENSLAND GOVERNMENT
June 2002

20