TECHNICAL NEWS GUARDIANSHIP LEGISLATONSHIP CHANGES

Attorney-General. Ms Fentiman is a former solicitor and will be responsible for the portfolios of justice, women and prevention of domestic and family violence. Prior to being elected to Parliament Ms Fentiman was a Solicitor with Hall Payne Lawyers and an industrial advocate for the Australian Manufacturing Workers Union. She was also Judge’s Associate in the Supreme Court of Queensland to her Honour Justice Atkinson, board member of the Logan Women’s Health and Wellbeing Centre, Secretary of the Centre Against Sexual Violence in Logan and the Duty Solicitor at the Beenleigh Neighbourhood Centre. The QJA welcomes Ms Fentiman to the role of AttorneyGeneral and looks forward to a fruitful working relationship.

Changes to the Guardianship legislation commenced on 30 November 2020. There are a number of key items that JPs and Cdecs need to be aware of including: • The enduring forms, General Power of Attorney (GPA), Enduring Power of Attorney (EPA), and Advance Health Directive (AHD) have changed and will superceded by: o GPA Form 1 o EPA Short Form 2 o EPA Long Form 3 o AHD Form 4 • Superceded forms CANNOT be used after 30 November 2020 • Existing EPA and AHD forms (completed, signed and witnessed before 30 November) remain valid • Additional Page, Form 8, has been approved and should be used if there is insufficient room on the original document • The principal and JP or Cdec should sign and date each and every additional page • When signing the Witness Certificate, the JP or Cdec must include the number of pages that make up the completed document • The principal must sign the document prior to the Attorney/s acceptance. The document will be rendered invalid if the attorney signs before the principal • Certifying copy requirements. Endorsing each and every page of an enduring document is no longer necessary. However, the JP or Cdec will be required to endorse the front OR back page with the following: This is a true and complete copy of the original xxxpage EPA which I have sighted. • The JP or Cdec should initial or sign each page of the certified copy Guidance documents have been developed to support the introduction of these changes. It is highly recommended that you keep these guides handy and familiarise yourself with the relevant sections of: • Queensland Capacity Assessment Guidelines 2020 • Form 9: Enduring Power of Attorney Explanatory Guide • Form 10: Advance Health Directive Explanatory Guide

Before witnessing EPAs and AHDs check that:  The forms are in the correct format and not out of date. DO NOT WITNESS SUPERCEDED FORMS  The form is complete and that all questions are answered. Score out any blank spaces so that the document cannot be altered  The pages are numbered (including any additional pages which, if used, should be attached at the back of the document)  The Attorney/s have not signed the acceptance at section 5  The medical practitioner has signed the AHD on page 8  Count the pages and insert the number of pages on the Witness Certificate  You have witnessed the principal’s signature AND that you have signed the Witness Certificate. Failure to do so will render document invalid.  As JPs and Cdecs can be called to court should there be legal proceedings regarding enduring documents, it is strongly advised that you keep a written record of the evidence you used to support your decision when determining capacity. More information and the forms can be accessed here: Changes to guardianship laws and forms | Your rights, crime and the law | Queensland Government (www.qld.gov.au)

To ensure compliance with the enduring power of attorney requirements under the Powers of Attorney Act 1998 (principally s. 44(1)) customers and practitioners should ensure that: • Any Queensland enduring power of attorney to be signed by the principal prior to 30 November 2020 is prepared on the enduring power of attorney – short form (Form 2) version 2 or the enduring power of