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A general power of attorney is a formal document that will allow someone to make financial and legal decisions for another. Each Australian state has a different power of attorney document, so if you live in Queensland, you will need a specific template.
Find out exactly what a power of attorney is, how it works and where to find free templates for Queensland.
A general power of attorney is a legal document where the 'principal' appoints an 'attorney' to make financial decisions on their behalf. The principal is someone who creates the power of attorney by appointing someone to manage their legal and financial decisions.
These financial decisions include selling or renting a house as well as paying your bills. A general power of attorney is valid only when the principal is mentally capable of making decisions or is alive.
The principal has lost the capacity to decide if they cannot:
In case of land transactions, the attorney must register themselves under the titles registry before they can act on the principal's behalf.
Download this template at Lawpath
You can appoint a power of attorney when you are going overseas for some time and wish to free yourself from handling the burdens at home. Someone can also appoint a power of attorney if they are incapacitated or want to cover themselves if they fall ill. You can only appoint an attorney when you are of a sound mind and capable of making decisions.
An attorney is someone the principal can trust, and in most cases is a relative or close friend.
In Queensland, there are two types of power of attorney- general. A general power of attorney is only capable of making financial decisions on the principal's behalf, and this binding document is only valid until the principal revokes it, dies or is no longer capable of making decisions.
An enduring power of attorney in Queensland is capable of making legal and financial decisions on behalf of the principal. The principal can appoint an attorney to start making decisions on their behalf straight away or at some point after they are incapable of making their own decisions. The date of effect is mentioned in the document.
Both the general power of attorney and guardianship allows other appointed individuals to take decisions on behalf of an adult. Under the Guardianship and Administration Act 1990, guardians are the substitute decision-makers on behalf of the individuals who are unable to make decisions themselves due to a disability. These disabilities include intellectual disability, dementia, acquired brain injury or mental illness.
Guardians are capable of making personal, lifestyle and treatment decisions on behalf of the principal. The State Administrative Tribunal can also appoint a guardian when you are at risk of neglect or abuse due to your disability.
A general power of attorney (QLD) document includes clauses specifying the extent of powers of the attorney.
The document does not include personal information, such as bank details or property information of either the principal or the attorney.
The general power of attorney form is a legally binding document. It ensures the good intent of the attorney, and in case of a dispute, it is valid in court. The document is only useful when both the parties sign and acknowledge it in front of a witness.
Anyone can download the general power of attorney form online. It's a simple form to understand and does not require a lawyer. However, as it involves financial decisions, it may be advisable to either get the document checked by a lawyer or get one to be the witness.
When writing a power of attorney, it is essential to mention the extent of powers of the attorney. The document is a formal document and so must be presented clearly. It should be clear how long the document is valid for.
You can also download the general power of attorney forms from verified websites. After you have filled the document, you can store it at a safe place. You do not need to register it at the tiles registry unless there is a financial land transaction taking place.
One option is to customise your general power of attorney document from LawDepot. By paying a small fee of $39 for one-time use, you can print and download the form and shape it to meet your specific needs.