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Power of attorney

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

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.  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.

For more information and forms visit the sites below.   

     
NSW NSW Land Registry Services

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. 

VIC Office of the Public Advocate The Office of the Public Advocate provides information on the making an enduring power of attorney.
SA SA Govt, Planning & Community Power of attorney – general and enduring
WA Public Trustee https://www.publictrustee.wa.gov.au/
QLD Queensland Government Power of attorney
TAS Land Titles Office, Land Tasmania https://dpipwe.tas.gov.au/land-tasmania/land-titles-office/power-of-attorney-forms
NT Dept. of the Attorney General https://www.nt.gov.au/justice/bdm/land_title_office/power.shtml#4
ACT Public Trustee Power of attorney – general and enduring

 

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.

 

30 September 2015, updated 13 May 2021.
B Stead
BHS Legal

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

© BHS Legal

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