The Affidavit Of Support And Consent And Special Power Of Attorney is a vital legal document used in Australia when an individual needs to formally declare their commitment to supporting another person while simultaneously granting specific legal powers to a representative. This document is commonly used in immigration contexts, international education arrangements, or situations requiring formal support declarations with legal authority delegation. It must be executed in accordance with Australian federal and state legislation, including proper witnessing and certification. The document contains sworn statements about the nature and extent of support, specific consents being granted, and detailed powers being delegated to the attorney. It's particularly useful when the supporter needs to establish their commitment while ensuring their representative can act on specified matters on their behalf.
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1. Title and Jurisdiction: Specifies the document type and governing jurisdiction
2. Affiant Details: Full legal name, address, and occupation of the person making the affidavit
3. Beneficiary Details: Full legal name and details of the person receiving support and for whom consent is being given
4. Declaration of Relationship: Details of the relationship between the affiant and beneficiary
5. Statement of Support: Detailed declaration of the type and extent of support being provided
6. Consent Declaration: Specific matters for which consent is being given
7. Power of Attorney Grant: Express declaration granting power of attorney and scope of authority
8. Powers Granted: Detailed list of specific powers being granted to the attorney
9. Duration of Authority: Timeframe for which the power of attorney remains valid
10. Attestation: Formal statement of truth and signature block
11. Notarization/Witness Block: Space for official witnessing and certification
1. Revocation Clause: Include when there's a need to specify conditions under which the power of attorney can be revoked
2. Alternate Attorney Appointment: Include when naming a backup attorney in case the primary cannot act
3. Special Conditions: Include when specific conditions or restrictions need to be placed on the support or powers granted
4. Foreign Language Declaration: Include when the document needs to be valid in non-English speaking jurisdictions
5. Medical Consent: Include when the support and consent extends to medical decision-making
6. Financial Support Details: Include when specific financial commitments or arrangements need to be detailed
1. Schedule A - Detailed Powers: Comprehensive list of specific powers granted to the attorney
2. Schedule B - Support Commitments: Detailed breakdown of support arrangements and commitments
3. Schedule C - Identity Documents: Copies of identification documents for all parties
4. Schedule D - Supporting Evidence: Any additional documentation supporting the relationship or capability to provide support
5. Appendix 1 - Consent Details: Specific details of matters for which consent is being given
6. Appendix 2 - Witness Declarations: Additional witness statements or declarations if required
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