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Power of Attorney

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Power of Attorney is to appoint an agent to act lawfully on your behalf. On Ist. June the Powers of Attorney Act 1998 came into effect and there is now no need to be in the form of a deed, and does not usually require registration unless there is a dealing in Real Estate then it must be registered at the Land Titles Office.

There is no Stamp Duty applicable at present but there is a fee for registration.

When REGISTRATION is required all Forms Power of Attorney should be presented at the Land Titles Office with its photocopy and a Land Titles Act Form 16 - Request to Register Power of Attorney / Revocation. After registration the original will be returned to the lodger. The power has force and effect from date of registration. A Form 16 is also used to Register a Revocation of a Power.

Make an Enduring Power of Attorney as there is always the unexpected occasion when you need someone to act on your behalf. You could be away on holidays, business or by an accident. Should there be a dealing in Real Estate then it would be necessary to register the Power at the Titles Office. The Advanced Health Directive permits you to indicate your wishes in the future. Forms are available.

When REGISTRATION is required all Forms Power of Attorney should be presented at the Land Titles Office with its photocopy and a Land Titles Act Form 16- Request to Register Power of Attorney / Revocation. After registration the original will be returned to the lodger. The power has force and effect from date of registration. A Form 16 is also used to Register a Revocation of a Power

GENERAL -Form 1. A General Power of Attorney can now also be made SPECIFIC, witnessed by any adult but if to be registered at the Titles Office must be an eligible witness and can be used in most instances.

SPECIFIC POWER When a piece of land is intended to be transferred to the Attorney then a SPECIFIC POWER must be used. This requires all conditions and time limits restrictions to be stated.

REVOCATION OF THE GENERAL POWER - Use Form 5.Queensland Powers of Attorney Act 1998.

ENDURING POWER The new Enduring Power of Attorney is now in two forms-

The Short- Form 2 (20pages).When the same attorney/s are to handle both finances and property matters.

The Long -Form 3 (24 pages). Allows the appointment of separate attorneys for different purposes. One for Investment and Property and the other for Life style and Personal matters, although the same attorney may be appointed for both.

REVOCATION OF ENDURING POWER - Use Form 6. Queensland Powers of Attorney Act 1998.

REVOCATION All powers can be revoked verbally which is confirmed in writing. Should the power have been registered a Form 16 - Land Title Act would be used to register its Revocation.

Bankruptcy of the principal or attorney will revoke the Enduring Power.

Revocation can cause obvious difficulties for the Attorney and Third Parties. The Attorney can be liable to a third party unless the donee was unaware of the REVOCATION.

INTERSTATE Powers of Attorney registered in other states may also be registered in Queensland. The New South Wales standard form would require deletion of references of NON-REVOCATION.

MORTGAGE / LEASE DOCUMENTS may give mortgagee / lessee power of attorney.

The following pre-printed Power of Attorney forms are avilable:

	General F1 (Price $3, Postage and Handling $3.30, Total $6.30).
	Enduring Power of Attorney, Short F2 (Price $12, Postage and Handling $3.30, Total $15.30).
	Enduring Power of Attorney, Long F3 (Price $12, Postage and Handling $3.30, Total $15.30).
	Form 16 LTA, Request to Register, (Price $5, Postage and Handling $3.30, Total $8.30).
	Advance Health Directive, Form F4, (Price $12, Postage and Handling $3.30, Total $15.30).
	Revocation General Power, Form F5, (Price $2, Postage and Handling $3.30, Total $5.30).
	Revocation Enduring Power, Form F6, (Price $12, Postage and Handling $3.30, Total $15.30).
	Interpreters Translation Statement, Form F7, (Price $2, Postage and Handling $3.30, Total $5.30).