Council archive · source document
20210312 - Owners Consent · EXE21/0023
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.
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