Enduring power of attorney form: what it asks and a free worksheet
An enduring power of attorney lets you appoint someone to manage your affairs and keeps working if you lose capacity. The name is used in Australia, Canada, Ireland and New Zealand. In the US the same idea is called a durable power of attorney. This worksheet prepares your answers for the official form.
ENDURING POWER OF ATTORNEY · PREPARATION WORKSHEET
Use it to prepare your answers before completing the official form where you live
This worksheet is not a power of attorney. It helps you gather the decisions the official form asks for. Complete it, talk it over with the people you choose, then fill in your jurisdiction’s form and sign it with the required witnesses.
1. Where you live
Country: [country] · State, territory or province: [name] · Official form name: [name of the form used there]
2. You, the principal
Full name: [name] · Date of birth: [date] · Address: [address]
3. Your attorneys
Attorney 1: [name, address, relationship]
Attorney 2: [name, address, relationship]
How they act: [ ] together (jointly) [ ] together or separately [ ] by majority
4. Alternate attorney
Alternate: [name] · When they step in: [if an attorney dies, resigns or loses capacity]
5. What they can decide
[ ] Financial matters [ ] Personal matters [ ] Health matters (only where your jurisdiction allows it in this form)
6. When it starts
[ ] As soon as it is signed and accepted [ ] Only when I lose capacity [ ] On a date: [date]
7. Limits and instructions
[For example: My attorneys must not sell my home without consulting my children.]
Who can witness in my jurisdiction: [rule from the official form] · Witness names: [names] · Any certificate needed (lawyer, doctor): [details]
10. Registration
Does my jurisdiction require registration? [yes / no] · Where: [office] · Fee: [amount]
PREPARED BY
Name: [full name]
Date: [date]
What the template includes
Your country, state or province and the official form name
Your details as principal
Attorneys and how they act together
An alternate attorney
Financial, personal or health matters
When the power starts
Limits, gifts and payment of attorneys
Witness, certificate and registration rules
What you fill in
Field
Example
Where
Queensland, Australia
Principal
Helen Murray, born 4 June 1950
Attorneys
Peter Murray and Jane Murray, together or separately
Alternate
Ruth Allen, her niece
Matters
Financial and personal
Starts
For financial matters, when she chooses
Limit
Consult both children before selling the house
How it gets signed
This form is signed on paper, on the official form where you live and in front of the witnesses it names. Fill in the worksheet here and download it in Word, ready to copy into that form. Some places also ask a lawyer or doctor to certify capacity, and some require registration.
This worksheet needs no signature. Download it in Word, fill it in and use it to complete the official form.
What the law says
Each Australian state and territory, each Canadian province and countries such as Ireland and New Zealand set their own enduring power of attorney laws and forms. Witness rules, capacity certificates and registration differ. Use the form your government publishes.
Enduring or continuing power of attorney, depending on the province
Ireland
Enduring power of attorney
New Zealand
Enduring power of attorney
England and Wales
Lasting power of attorney
United States
Durable power of attorney
How to use the worksheet
1Find the official form for where you live.
2Download this worksheet in Word and answer each section.
3Talk to your attorneys and alternate. Make sure they agree.
4Check who can witness and whether a certificate is needed.
5Copy your answers into the official form and sign it with the witnesses.
6Register it if your jurisdiction requires it, and give copies to your attorneys.
Choosing your attorneys
Pick people who are organized, honest and willing. Think about how they get along if you name more than one. Acting together is safer but slower. Acting separately is faster but needs more trust.
Mistakes to avoid
Using a form from another place. Each jurisdiction has its own rules.
Wrong witness. Many forms exclude relatives and the attorneys.
Waiting too long. You must have capacity when you sign.
Sample limits and instructions
“My attorneys must consult my two children before selling my home.”
“My attorneys may pay school fees for my grandchildren up to a set amount each year.”
“My attorneys must keep my investments with my current adviser unless the adviser retires.”
“My attorneys must not lend my money to anyone.”
Keep limits few and specific. Vague limits can make the power hard to use.
Capacity and timing
You must understand what you are signing when you sign. If a diagnosis may affect your memory, sign soon. Some forms ask a doctor or lawyer to confirm your capacity.
An enduring power that starts only on loss of capacity may need medical evidence before attorneys can act. Weigh that delay when you choose the start in the worksheet.
After you sign
1Give copies to your attorneys and your alternate.
2Tell your bank and financial adviser.
3Register it if your jurisdiction requires it.
4Keep the original in a safe place your attorneys know.
5Review it after big life changes.
Talking with your family
Explain your choices to the people who were not chosen. It avoids hurt feelings and disputes when the power is used.
Moving to another country or state
An enduring power made in one place may not be recognized in another. If you move, ask whether your power is accepted there or sign a new one on the local form.
If you hold property in two countries, you may need a power in each. A local lawyer can tell you which form each property needs.
When attorneys must stop
You revoke the power while you have capacity.
You die. The executor of your will takes over.
An attorney resigns, dies or loses capacity, and no alternate is named.
A court or tribunal ends the power.
A sample worksheet answer
“I live in Queensland. I appoint my son Peter and my daughter Jane, who may act together or separately, for financial and personal matters. My niece Ruth is the alternate. For financial matters the power starts when I choose. My attorneys must consult both of them before selling my home.”
With answers like these ready, the official form takes minutes instead of an afternoon.
Why prepare before the official form
Official forms are long and use legal wording. Mistakes can mean starting over. Thinking through each choice first, in plain language, makes the official form faster and cleaner.
It also gives your family a clear record of what you wanted and why.
Signing day
Bring photo ID, the completed official form and your worksheet. Make sure your witnesses meet the rules and have their own ID. Sign in the order the form sets, then give copies to your attorneys the same day.
Keep the worksheet with your copy. It explains your choices if anyone asks later why you set the power up that way.
Review the worksheet every few years and after big changes in your family or finances.
