How to Fill Out Form P2 South Australia

What Is Form P2 and Where Do You Get It

Form P2 is South Australia's official Enduring Power of Attorney (EPA) document, prescribed under the Powers of Attorney and Agency Act 1984. It's available as a free download from the Land Services SA website under their forms and guidance notes section, or you can collect a physical copy from a Service SA centre.

This is the only form that creates a power of attorney capable of surviving your loss of mental capacity. The other form — Form P1 — creates a General Power of Attorney that automatically terminates the moment you lose capacity. If you're setting up protection for an ageing parent or planning ahead for your own future, Form P2 is what you need.

Ink, Abbreviations, and the No-Shortcut Rule

Form P2 has strict formatting requirements that trip people up constantly. Write in blue or black ink only — pencil or other colours will cause rejection. And you cannot use any abbreviations: write "STREET" in full (not "St"), "SOUTH AUSTRALIA" in full (not "SA"), and spell out everything completely.

This isn't bureaucratic pedantry. Land Services SA applies these rules because the form becomes a registered legal instrument. Abbreviations introduce ambiguity — does "St" mean Street or Saint? The registry enforces absolute clarity.

Option A vs Option B: When the Power Starts

On the first page of Form P2, you choose when the power takes effect:

• Option A (Immediate): The EPA operates from the moment both you and your attorney sign. Your attorney can access bank accounts and manage finances right away, even while you still have full capacity.
• Option B (Springing): The EPA only activates if a medical practitioner certifies that you've lost decision-making capacity. Until that certification happens, your attorney has no legal authority.

You must cross out the option you don't want. Leaving both options unmarked — or both marked — will invalidate the document.

Most families setting up an EPA for an ageing parent choose Option A, because Option B creates a delay at exactly the moment you need to act. If a parent has a stroke and their bank accounts need managing that week, waiting for a medical certificate under Option B can mean bills going unpaid and direct debits bouncing. Option A avoids that gap entirely.

The Z-Ruling Requirement

Any blank spaces on pages 1 and 2 of Form P2 must be ruled out with a large, initialled "Z" mark. This prevents anyone from adding extra powers or conditions to the document after it's been signed.

The Z should be large enough to clearly cover the entire blank space. Small ticks or lines aren't sufficient — the Land Services SA guidance specifically requires the Z pattern.

Filling In Your Attorney's Details

You can appoint one or more attorneys. For each attorney, you'll need to provide their full legal name and address — again, no abbreviations. If you're appointing multiple attorneys, Form P2 lets you specify whether they must act jointly (every decision requires unanimous agreement) or jointly and severally (each attorney can act independently).

Joint appointments provide extra protection against misuse but create practical problems. If one joint attorney is overseas or unreachable, the other attorney cannot act alone. For most families, jointly and severally is more practical.

Conditions and Limitations

Form P2 includes space for you to impose conditions or limitations on your attorney's powers. This section is optional but powerful. You might specify that your attorney cannot sell your home without approval from a second person, or that investment decisions must follow a particular strategy.

Keep the language clear and specific. Vague conditions like "act reasonably" add nothing — your attorney already has a fiduciary duty to act in your interests. Instead, write concrete restrictions: "The attorney must not sell the property at 42 Park Terrace, Adelaide, unless the sale price exceeds $X" gives everyone involved a clear, enforceable boundary.

The Schedule 2 Acceptance

Here's where many families get stuck. Every appointed attorney must sign the Form of Acceptance using the exact statutory wording set out in Schedule 2 of the Powers of Attorney and Agency Act 1984. The acceptance isn't a casual agreement — it's a legally prescribed statement where your attorney acknowledges their duties and responsibilities.

The attorney does not need to sign at the same time as you, and their signature doesn't require a witness. But they must sign the acceptance before you lose capacity. An unsigned acceptance means the EPA is incomplete and cannot be relied on.

If you're filling out Form P2 as a family, the simplest approach is to have everyone sign in one sitting. Bring the form to the witness appointment with your attorney present, get your signature witnessed, and then have your attorney complete the Schedule 2 acceptance immediately afterward.

Witnessing Requirements

Your signature on Form P2 must be witnessed by an authorised person — a Justice of the Peace, a legal practitioner, or a proclaimed police officer in South Australia. The witness must physically be in the same room as you when you sign.

The witness is also certifying that they believe you understand the nature and effect of the document and that you appear to have decision-making capacity. If you're completing Form P2 for an elderly parent, choose a witness who can spend a few minutes speaking directly with your parent to satisfy themselves that your parent genuinely understands what they're signing.

JPs are available for free at most local courts, Service SA centres, and some libraries. You don't need to hire a solicitor just for witnessing — though a solicitor can provide the dual service of checking the form and witnessing the signature in one appointment.

What to Do After Signing

Once Form P2 is signed, witnessed, and accepted, you have a legally valid EPA. But there's one more step if your attorney will need to deal with real property — the EPA must be registered (deposited) with Land Services SA under section 156(3) of the Real Property Act 1886. The current registration fee is $204.

If your EPA only covers bank accounts, investments, and non-property financial matters, registration isn't legally required. But many families register anyway because it creates an official record and makes the document easier to verify when dealing with banks and other institutions.

For the complete Form P2 walkthrough with filled-in examples, conditions templates, and a pre-visit bank acceptance strategy, the South Australia Power of Attorney Kit covers every step from drafting through to registration and institutional acceptance.

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