Power of attorney

BHS Legal

General and enduring powers of attorney – where to find information and forms

Each state and territory makes its own legislative rules and regulations on making a power of attorney, with the result that procedures and prescribed forms vary from one to another.

Listed below are sites containing information on making a power of attorney, and the prescribed forms.

NSW Land & Property Information http://www.lpi.nsw.gov.au/,  and typing “Enduring power of attorney” in the “Search”
VIC Office of the Public Advocate http://www.publicadvocate.vic.gov.au/index.php/power-of-attorney
SA SA Legal Services Commission http://www.lsc.sa.gov.au/cb_pages/kits.php
WA Public Trustee https://www.publictrustee.wa.gov.au/
QLD Office of the Public Guardian http://www.publicguardian.qld.gov.au/adult-guardian/our-decisions/enduring-power-of-attorney2
TAS Land Titles Office, Land Tasmania http://dpipwe.tas.gov.au/land-tasmania/land-titles-office/power-of-attorney-forms
NT Dept. of the Attorney General http://www.nt.gov.au/justice/bdm/land_title_office/power.shtml#4
ACT Public Trustee http://www.publictrustee.act.gov.au/powers-of-attorney

Can a power of attorney in one state be used in another?

To find out whether a power of attorney made in one state/territory can be used in another, contact the government departments above as to their requirements or a legal practitioner.

Usually if a power of attorney has been made in accordance with the legal formalities and regulations prescribed in one state it will be recognised in another, but  enquiries should be made all the same.

As everyone’s circumstances vary, legal advice should be sought when making a power of attorney to tailor it to individual needs.


30 September 2015
B Stead
BHS Legal

Important notice: This article is intended for general interest and information only. It is not legal advice, nor should it be used as a substitute for legal advice. Always consult a legal practitioner and/or other professional for specialist advice specific to your needs and circumstances, and rely on that.

© BHS Legal

Return to top