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Power of attorney

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.  Some provide links to the prescribed forms.

 Contact: 
NSWLand & Property Informationhttp://www.lpi.nsw.gov.au/,  and typing “Enduring power of attorney” in the “Search”
VICOffice of the Public Advocatehttp://www.publicadvocate.vic.gov.au/index.php/power-of-attorney
SASA Govt, Planning & CommunityPower of attorney – general and enduring
WAPublic Trusteehttps://www.publictrustee.wa.gov.au/
QLDQueensland GovernmentPower of attorney
TASLand Titles Office, Land Tasmaniahttp://dpipwe.tas.gov.au/land-tasmania/land-titles-office/power-of-attorney-forms
NTDept. of the Attorney Generalhttp://www.nt.gov.au/justice/bdm/land_title_office/power.shtml#4
ACTPublic Trusteehttp://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, updated 7 August 2019.
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.

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