Under the Act, where an enduring power of attorney differs in an immaterial respect from the form specified by the Director, the Director may notwithstanding such difference, treat the enduring power of attorney and the document creating it as being in accordance with the form specified by the Director if the Director thinks it appropriate to do so.
This may occur for example where a donor for an enduring power of attorney is unable to use MyDSS and is also unable to access or use the prescribed paper form. The donor may submit an enduring power of attorney for registration in these circumstances if it meets the criteria set out below.
In these circumstances, an enduring power of attorney may be accepted by the DSS when accompanied by:
- An application in writing to use the manual alternative to MyDSS as set out in the section Process for applying to use the manual alternative to MyDSS | Decision Support Service above to include the specific circumstance which gave rise to not using the form specified by the Director
- The reason(s) that the prescribed form specified by the Director was not able to be used; and confirmation that the enduring power of attorney as completed complies with all the relevant statutory requirements of the Act.
The Director will not accept and register an enduring power of attorney that does not comply with statutory requirements.
Further information on the content of an enduring power of attorney can be found on the DSS website in this section Enduring Power of Attorney (EPA) | Decision Support Service and guidance materials in this section Guidance Materials | Decision Support Service.
Resources
You can download the full document at the link Accessibility Policy.
You can download the easy-read document at the link Accessibility Policy easy read
You can download the procedure for expedited EPAs at the link Procedure for processing expedited enduring power of attorney applications or applications that are not on a specified form