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GENERAL POWER OF ATTORNEYUnder the Powers of Attorney Act 2006, Section 92, for section 13
[Explanation:"principal" means the person making this power of attorney."attorney" means the person who is authorised to act for the principal.]
Instructions and information:
I, __________ (the "Principal") of ________________________________, __________, Australian Capital Territory appoint the following as my attorney:__________ of ________________________________, __________, Australian Capital TerritoryAND_________________________ of ____________________________________.
NOTE: If you are appointing only one attorney, cross out the word “and”, and the lines after it.* See Notes at the end of this document.
I appoint my attorneys to act:__ together__ separately__ In the following manner: ____________________________________(Indicate whether you want the attorneys to act together and separately, in any combination, or in any other manner (such as different attorneys to act in different circumstances, on the happening of different events or in relation to different matters).)
NOTE: Cross out the options that do not apply.* See Notes at the end of this document.
My attorney/attorneys shall only exercise power under this power of attorney, subject to the following directions, limitations and conditions:______________________________________________________________________________________________________________________
NOTE: If this section does not apply, cross out.
This power of attorney commences X Immediately__ From ………………………(specify date or the happening of an event)NOTE: Cross out whichever that does not apply.
I fully understand that, by making this power of attorney, I authorise my attorney/attorneys to act on my behalf in accordance with the terms set out in this power of attorney. I also understand the nature and effect of making a power of attorney.(* See Notes at the end of this document)(a) Signature of Principal: ___________________________________Date: ____ ________________ ________OR(b) I directed:Name: Address: to sign this power of Attorney on my behalf.Signature of another person signing in the presence of and by the direction of the Principal: _________________________* See Notes at the end of this document
Only one witness can be a relative of the Principal or the attorney. A child, the person signing this power of attorney for you or the attorney cannot be a witness.
Witness 1I, Witness 1:Name: _________________________Occupation: _________________________Address: __________________________________________________ANDWitness 2I, Witness 2:Name: _________________________Occupation: _________________________Address: __________________________________________________certify that the Principal:
NOTE: Cross out (a) and (b) if a person signed on behalf of the principal. Otherwise, cross out (c), (d), (e) and (f).
Witness 1Signature of Witness 1: _________________________Date: ____ ________________ ________
Witness 2Signature of Witness 2: _________________________Date: ____ ________________ ________
NOTE: Obligations of the attorney include the following:
NOTES
Section 1, Appointment of attorney/attorneys
Section 2, Multiple Attorneys
Section 3, Directions, Limitations and conditions
Section 5, Statement of Understanding and SignatureUnderstanding the nature and effect of making a power of attorney includes understanding each of the following:
Section 6, Certificate of witnessIf needed, you can direct a person to sign the document on your behalf. This person must be at least 18 years of age, not a witness to this form of appointment, and not someone you are appointing as your attorney. You should give this direction to sign on your behalf in the presence of the witnesses.
A Power of Attorney, sometimes called a POA, is a document that individuals use to allow another person to make decisions on their behalf regarding their finances, business, and personal matters. In certain jurisdictions (e.g. Australian Capital Territory and Queensland), a Power of Attorney will give someone the authority to make decisions regarding a person's health care as well.
Depending on your situation, you have the option to create a general or enduring Power of Attorney and add specific directions, limit certain decisions, or set conditions that need to be met before an action can be made.
LawDepot's Power of Attorney template can be customised for:
A Power of Attorney generally involves two parties: the principal and the attorney.
The principal is the individual who created the Power of Attorney and who is allowing another individual to make decisions on their behalf. In some instances, this person will be called the donor.
The attorney is the individual who was appointed by the principal to make decisions for them. This person can be any trusted individual (e.g. a family member, friend, accountant, lawyer, etc.) so long as they are:
As well, an attorney shouldn't be someone who has not been discharged from bankruptcy (meaning they have not yet been released from their legal obligation to repay their debts).
A lawyer may also be involved to review the POA form for legal reasons or to act as the principal's attorney, if the principal chooses them to act on their behalf.
Both a general and enduring Power of Attorney allow you (as a principal) to appoint another person (your attorney) to act on your behalf. However, there are differences between when a general POA or an enduring POA can be used and what causes them to end. The following section sets out the definitions and clarifies the differences of each:
You may also see limited Power of Attorney. A limited POA is not its own type of POA form; it is used to indicate that the attorney has the power to act on some decisions as opposed to all. In most jurisdictions, signing a POA (general or enduring) will give an attorney the ability to act on your behalf regarding finances, business, health care, and/or personal matters without restriction. To restrict your attorney's decision-making authority, you must set limits in your POA.
A Power of Attorney form will allow an attorney to perform actions or make decisions regarding your:
To be valid, a Power of Attorney must be signed by the principal while they are still mentally competent and capable of making their own decisions. Under select circumstances, it is acceptable for another person to physically sign the document for the principal (e.g. if they have a physical limitation preventing them from signing themselves) so long as the principal is mentally competent at the time it is signed.
Another person (who is called a witness) must be present when the POA is signed and include their contact information on the form. A proper witness is:
Keep in mind, in certain jurisdictions, such as Queensland, witness requirements are stricter and only a Justice of the Peace, Commissioner of Declarations, Notary Public, or lawyer can witness an enduring Power of Attorney for it to be considered a valid document.
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