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.
| Contact: | ||
| 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
© BHS Legal