General and enduring powers of attorney
A power of attorney is an important legal document in which you have given someone else permission to act for you in case you become incapacitated.
Each of the state and territory Parliaments have made laws regulating such personal legal documents and passed powers of attorney acts and regulations. These acts and regulations prescribe the procedures and forms. Note there are variations between the jurisdictions.
A power of attorney document can be made for a short, specified time or for a specific reason. For example you are going overseas for a holiday. This is referred to as a general power of attorney.
Or it might be for the rest of your life when it is known as an enduring power of attorney. All powers of attorney become invalid on death.
Finding information and forms
For more information and forms visit the sites below.
| Agency name |
Information and links to forms |
|---|---|
|
New South Wales |
The Registrar General’s Guidelines on powers of attorney Forms prescribed by NSW land legislation for dealing with Powers of Attorney are provided on the NSW Land Registry Services site – search the list of forms here. |
|
Victoria |
The Office of the Public Advocate provides information on the making an enduring power of attorney. |
|
South Australia SA Govt, Planning & Community |
|
|
Western Australia Public Trustee |
|
|
Queensland Queensland Government |
|
| Land Titles Office, Land Tasmania |
https://nre.tas.gov.au/land-tasmania/land-titles-office/power-of-attorney-forms |
|
Northern Territory Dept. of the Attorney General |
https://www.nt.gov.au/justice/bdm/land_title_office/power.shtml#4 |
|
Australian Capital Territory Public Trustee and Guardian |
Publications and forms – including Power of attorney forms https://www.ptg.act.gov.au/publications-and-forms, open the drop down “Forms” menu. |
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. Some important considerations to think about when preparing to make an enduring power of attorney are discussed here.
Power of Attorney legislation
Links to the Acts of Parliament in the jurisdictions are provided below for convenience.
| New South Wales | |
| Victoria | Powers of Attorney Act 2014 (VIC) |
| Queensland | Powers of Attorney Act 1998 (QLD) |
| South Australia | Powers of Attorney and Agency Act 1984 (SA) |
| Tasmania | Powers of Attorney Act 2000 (TAS) |
| Western Australia | Powers of Attorney Act 2006 (WA) |
| Northern Territory | Powers of Attorney Act 1980 (NT) |
| Australian Capital Territory |
Powers of Attorney Act 1998 (ACT) |
30 September 2015, updated August 2023.
B Stead
BHS Legal
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