Enduring Power of Attorney Australia, by state

How do you make an enduring power of attorney in Australia?

The person completes their own state or territory's official form while they still have the capacity to understand it, signs it in front of the witnesses that state requires, and the attorney signs to accept. Most states publish the form online at no charge, and only Tasmania requires the document to be registered (with the Land Titles Office, for a fee) before it is valid. This is general information, not legal advice: a lawyer, Legal Aid or your state's public advocate can check a particular document.

The short version

Only the person can make their own enduring power of attorney, and only while they have the capacity to understand it. Nobody can make one on a parent's behalf.
In Victoria, Queensland and the ACT one enduring power of attorney can cover money and lifestyle decisions. In New South Wales, Western Australia, South Australia and Tasmania it covers money only, and lifestyle and health decisions need a separate appointment. The Northern Territory uses an Advance Personal Plan instead.
Witnessing rules differ, and a witnessing mistake can make the document invalid. New South Wales needs a lawyer or other prescribed witness; Victoria needs two adult witnesses, one of them authorised to witness affidavits or a doctor.
Only Tasmania requires registration for the document to be valid. Elsewhere, registration is needed only before the attorney deals with land.
Do it early. Once capacity is lost it is too late, and the family has to apply to a tribunal instead.

What an enduring power of attorney does

An enduring power of attorney is a legal document in which a person (often called the principal or donor) appoints someone they trust (the attorney) to make decisions for them. The word that matters is enduring: a general power of attorney stops working if the person loses capacity, while an enduring one keeps working, which is exactly when it is needed. Every power of attorney ends when the person dies, and from then on the will applies.

In Victoria, the Office of the Public Advocate explains that the person can:

limit the power to specific matters, and choose when it starts
appoint more than one attorney, and say whether they act jointly (together), severally (each alone), jointly and severally (either way) or by majority
add conditions, for example requiring the attorney to report to another trusted person, or limiting gifts.

An attorney must be at least 18 and willing to take on the role. Some states also exclude people who provide paid care or services. In Victoria the principal cannot appoint their care worker, health provider or accommodation provider. In Queensland an attorney cannot be a paid carer (now or in the past 3 years), a health provider or a service provider for a residential service where the person lives.

Only the person can make it. An enduring power of attorney can only be made by the person themselves, while they have decision-making capacity. Victoria's Office of the Public Advocate says plainly that you cannot make one on behalf of someone else.

Source: Office of the Public Advocate (Victoria): making an enduring power of attorney

State by state at a glance

The same idea has a different name, form and set of rules in each state and territory. The biggest difference for aged care is whether one document covers decisions about where a person lives, or whether that needs a second appointment.

Enduring powers of attorney in each state and territory (checked October 2026)
State or territory	Document for money and property	Lifestyle decisions (such as where someone lives)	Registration needed?
Victoria	Enduring power of attorney	Same document can cover personal matters (medical treatment needs a separate appointment of a medical treatment decision maker)	No
New South Wales	Enduring Power of Attorney	Separate Appointment of Enduring Guardian	Only before dealing with NSW real estate
Queensland	Enduring power of attorney (short or long form)	Same document can cover personal (including health) matters	Only before dealing with land
Western Australia	Enduring Power of Attorney	Separate Enduring Power of Guardianship	No (optional lodging with Landgate)
South Australia	Enduring Power of Attorney	Separate Advance Care Directive	No (can be registered with the Lands Titles Office)
Tasmania	Enduring power of attorney	Separate enduring guardianship instrument	Yes: with the Land Titles Office (and the enduring guardian with the Tasmanian Civil and Administrative Tribunal)
Australian Capital Territory	Enduring Power of Attorney	Same document can cover personal care and health care matters	Only before dealing with land
Northern Territory	Advance Personal Plan (replaces the enduring power of attorney)	Same plan can appoint decision-makers for lifestyle and health matters	Optional (no charge) with the Public Guardian and Trustee; required with the Land Titles Office before dealing with land

Each state's details, with the official source, are below. For the lifestyle and health documents, see also advance care directives in Australia and who decides when a parent can no longer decide.

Source: My Aged Care: appointed decision-makers, and the state and territory pages listed below.

How to make one in each state

Use the current official form for the state or territory where the person lives, and follow its instructions exactly. Witnessing errors are the most common way these documents fail.

Victoria

Document: enduring power of attorney, for financial matters, personal matters or both. Personal matters include where and with whom a person lives, but not medical treatment, which needs an appointment of a medical treatment decision maker.
Form: fillable short form (up to 2 attorneys and 2 alternative attorneys) or long form (up to 4 attorneys and 3 alternatives), prescribed under the Powers of Attorney Regulations 2025, from the Department of Justice and Community Safety website.
Witnesses: two adults. One must be authorised to witness affidavits (for example a justice of the peace or a lawyer with a practising certificate) or be a registered medical practitioner. A witness cannot be the person's relative, an attorney or an attorney's relative, or the person's care worker or accommodation provider. Each attorney signs a statement of acceptance in front of one adult witness.
Registration: none. Keep the original safe and give attorneys certified copies (every page must be certified).
Note: remote witnessing by audio-visual link is allowed, but the Office of the Public Advocate recommends face-to-face witnessing wherever possible.

Source: Department of Justice and Community Safety (Victoria); Office of the Public Advocate

New South Wales

Documents: an Enduring Power of Attorney for financial and legal decisions, and a separate Appointment of Enduring Guardian for accommodation, health care, lifestyle and medical decisions.
Form: the power of attorney forms can be downloaded from NSW Land Registry Services, or the documents can be prepared by a lawyer or by NSW Trustee and Guardian, which charges for its packages and does not supply blank forms.
Witness for the power of attorney: a prescribed witness only, such as a solicitor or barrister, a Registrar of the NSW Local Court, a licensed conveyancer or NSW Trustee and Guardian employee who has completed an approved course, or an overseas-qualified lawyer. The witness signs a certificate that they explained the document and that the person appeared to understand it.
Witness for the enduring guardian appointment: the person and the guardian sign in front of a solicitor, barrister, Local Court registrar or overseas-registered foreign lawyer.
Registration: not required, except that a power of attorney must be registered with NSW Land Registry Services before the attorney deals with NSW real estate (a fee applies).

Source: NSW Government: choose a Power of Attorney; Legal Aid NSW; State Library of NSW Legal Answers

Queensland

Document: one enduring power of attorney can appoint attorneys for personal (including health) matters, financial matters, or both.
Form: the short form (Form 2) to appoint attorneys for one area, or the same attorneys for both; the long form (Form 3) to appoint different attorneys for personal and financial matters. Both can be downloaded and printed from the Queensland Government at no charge.
Witness: one eligible witness: a justice of the peace, commissioner for declarations, lawyer or notary public. The witness certifies that the person appeared to understand the document and signed voluntarily. Attorneys then sign to accept before they can act.
Registration: not required, except with the Queensland Titles Registry before an attorney deals with land (the document then appears on a public register).
Note: a later marriage or civil partnership revokes the document to the extent it gives power to someone other than the new spouse or partner, unless it says otherwise.

Source: Queensland Government: making and ending an enduring power of attorney

Western Australia

Documents: an Enduring Power of Attorney for property and financial decisions only, and a separate Enduring Power of Guardianship for personal, lifestyle and treatment decisions.
Form: the Office of the Public Advocate's Enduring Power of Attorney Kit, downloadable at no charge, which includes the form and step-by-step instructions.
Witnesses: two adults with full legal capacity. One must be authorised to witness statutory declarations and still be working in the listed occupation. The enduring power of guardianship has a similar rule, and a person being appointed cannot be a witness.
Registration: there is no formal registration. A person who owns property can lodge the document with Landgate (a fee applies, within three months of making it).
Note: no more than two attorneys can act at any one time.

Source: Western Australian Government: enduring power of attorney; Office of the Public Advocate: enduring power of guardianship

South Australia

Documents: an Enduring Power of Attorney for finances, property and legal affairs. It does not cover health, accommodation or personal affairs: those go in an Advance Care Directive.
Form: from Service SA, from the Legal Services Commission, or downloaded from Land Services SA.
Witness: an authorised witness, meaning a person authorised by law to take affidavits, such as a lawyer, a justice of the peace or a proclaimed police officer. The attorney also signs to accept, ideally soon after.
Registration: not required. A copy can be registered with the Lands Titles Office, which is needed for the attorney to deal with land.

Source: Office of the Public Advocate (SA): enduring power of attorney fact sheet; Legal Services Commission Law Handbook

Tasmania

Documents: an enduring power of attorney for financial and property decisions (Form 3 for limited powers, Form 4 for general powers), and a separate instrument appointing an enduring guardian for personal and lifestyle matters, including health care and where the person lives.
Form: power of attorney forms from the Land Titles Office (Department of Natural Resources and Environment Tasmania); the enduring guardianship instrument from the Tasmanian Civil and Administrative Tribunal (TASCAT).
Witnesses: for the power of attorney, two witnesses who are not close relatives of the person or the attorney, witnessing both signatures at the same time. For the enduring guardian, two witnesses who are not the people being appointed or their close family.
Registration: required. The enduring power of attorney must be registered with the Land Titles Office (with a Form 5 and the prescribed fee) to be legally valid. The enduring guardianship instrument must be registered with TASCAT through Service Tasmania (a fee applies, or a fee waiver can be requested).

Source: Land Titles Office: powers of attorney forms; Legal Aid Tasmania; Office of the Public Guardian: enduring guardianship

Australian Capital Territory

Document: one Enduring Power of Attorney can cover property (including financial) matters, personal care matters, health care matters and medical research.
Form: in the Public Trustee and Guardian's booklet "The Power to Choose", which can be downloaded at no charge. The Public Trustee and Guardian no longer prepares powers of attorney itself; it refers people to lawyers and online services.
Witnesses: two adults, who sign in front of each other and the person. One must be authorised to witness a statutory declaration, only one can be a relative of the person or of an attorney, and an attorney cannot be a witness.
Registration: generally not required, except with Access Canberra before the attorney deals with the person's land.

Source: Public Trustee and Guardian (ACT); The Power to Choose (February 2026)

Northern Territory

Document: an Advance Personal Plan, which replaces the enduring power of attorney in the Northern Territory. It can appoint decision-makers (one for money, another for everything else, if preferred), record an advance care statement and record decisions about future care.
Form: downloadable from the Northern Territory Government, or posted by the Public Guardian and Trustee, which also runs an appointment-based support service (it does not give legal advice).
Witness: one authorised witness, such as a justice of the peace or commissioner for oaths, police officer, legal practitioner, health professional, accountant, social worker or NT school principal.
Registration: optional with the Public Guardian and Trustee, at no cost. If the plan lets a decision-maker deal with land, the original must be registered with the Land Titles Office (a fee applies).

Source: Northern Territory Government: Advance Personal Plan

When it takes effect

The person usually chooses when financial powers start. Personal and health powers generally start only when the person can no longer make those decisions.

Queensland: financial powers can start immediately, on a set date, on particular occasions or when the person loses capacity. Personal powers can only be used when the person does not have capacity for that decision.
Western Australia: immediately, or only on loss of capacity. If the person chooses the second option, the State Administrative Tribunal must first decide that capacity has been lost.
South Australia: on signing, or only if the person suffers legal incapacity (the form gives both options).
ACT: financial powers start as the document says (or straight away if it says nothing); personal and health care powers start only when a medical practitioner certifies that the person has lost capacity.
Tasmania: unless the document says otherwise, when it is signed and registered.
New South Wales: an enduring guardian only starts making decisions when the person cannot.

Starting immediately does not take away the person's own right to decide. In Western Australia's words, it means the attorney has authority to act under the person's guidance, and can keep going if capacity is lost later. Banks have their own processes for recognising an attorney, so it helps to ask the bank early.

Source: Western Australian Government: enduring power of attorney; Queensland Government; ACT Public Trustee and Guardian

What an attorney can and cannot do

A financial attorney can do almost anything with the person's money and property that the person could do, within any limits in the document. The NSW Government lists signing legally binding documents, operating bank accounts, paying bills, buying and selling real estate, managing investments and collecting rent. In Queensland, financial matters include paying expenses, making investments and selling property, including the home, and personal matters include support services, where and with whom the person lives, and health care.

The NSW Government says an attorney is legally required to act in the person's best interests, and should keep accurate records and keep their own money separate from the person's. Western Australia lists what an attorney cannot do, including:

make a will for the person
make personal, lifestyle or treatment decisions (such as accommodation) under a financial-only power
do anything illegal
delegate their authority to someone else.

In Victoria, an attorney cannot make medical treatment decisions unless they are also the person's medical treatment decision maker. In New South Wales an enduring guardian cannot make decisions about money, voting, marriage, a will or an advance care directive.

Misuse does happen. Western Australia's guidance is frank: some attorneys give money to family or themselves, or sell property and keep the proceeds. Safeguards include appointing more than one attorney, requiring the attorney to report to another trusted person, and reviewing the document regularly (Victoria's Office of the Public Advocate suggests every year). If an attorney is not acting in the person's interests, the state tribunal can review or revoke the power. Concerns about financial abuse can also be raised on the Elder Abuse Phone Line, 1800 353 374.

Source: Western Australian Government: enduring power of attorney; NSW Government

Changing or cancelling it

A person can revoke (cancel) their enduring power of attorney at any time while they still have the capacity to do so. After that, it can generally only be changed or revoked by the state tribunal.

Use the right document. Queensland has a revocation form (Form 6). Victoria has a revocation form that needs the same two-witness rule as the original. Tasmania uses a deed of revocation, registered at the Land Titles Office. In New South Wales and Western Australia, the revocation is made in writing.
Tell the attorneys. Victoria and Queensland require reasonable steps to tell each attorney, and NSW advises telling them in writing, preferably by registered post.
Tell the bank and anyone else who holds a copy, and ask for copies back.
Register the revocation anywhere the original was registered (for example a land titles office).

Making a new enduring power of attorney can also cancel the old one. In Victoria a new one automatically revokes earlier ones unless it says otherwise. In Queensland a later inconsistent document revokes the earlier one.

Source: Queensland Government; Office of the Public Advocate (Victoria); NSW Government

Moving interstate

Enduring powers of attorney are usually recognised across Australia, with limits. My Aged Care says appointments are "usually recognised Australia wide", but some restrictions apply.

Victoria recognises an interstate enduring power of attorney if the powers it gives could be given in Victoria. The Office of the Public Advocate adds that many states accept each other's powers of attorney, "but not all".
New South Wales recognises one that was valid where it was made, as long as the powers could validly be given in NSW. A power made overseas is not recognised.
Land in another state: the attorney may need to register the document in that state before dealing with the land.

If a parent is moving interstate to be near family or into an aged care home, ask the new state's public advocate or a lawyer whether the existing documents will work there, or whether to make new ones while the parent still can.

Source: Office of the Public Advocate (Victoria); NSW Government; My Aged Care

Why to do it before a diagnosis progresses

An enduring power of attorney can only be made while the person has the capacity to understand it. A diagnosis such as dementia does not automatically mean that capacity has gone, because capacity is judged for each decision. But as an illness progresses, the window closes.

If capacity might be questioned, Western Australia's Office of the Public Advocate suggests getting a written opinion from a doctor who can assess capacity, telling the doctor the purpose, and then:

asking that doctor to be one of the witnesses, if the state's rules allow it
making the document as soon as possible after the assessment
keeping the doctor's report with the document.

If the person can no longer make the document, nobody can make it for them. The family then has to apply to the state tribunal for an administrator (for money) or a guardian (for lifestyle decisions). The tribunal decides who is appointed, which may be a family member or, where nobody suitable is available, the state's public trustee or public guardian. See who decides when a parent can no longer decide.

For dementia-specific help with planning ahead, Dementia Australia's National Dementia Helpline is on 1800 100 500, 24 hours a day. In Victoria, the Office of the Public Advocate's Advice Service is on 1300 309 337.

Source: Western Australian Government: enduring power of attorney (frequently asked questions)

What it costs

Making the document itself can cost nothing in most of Australia. The Western Australian Government says there is no charge to make one unless legal advice is sought or someone is paid to help, and Queensland, Victoria, the ACT and the Northern Territory publish their forms online at no charge. Costs come from:

Registration: compulsory in Tasmania (Land Titles Office, and TASCAT for an enduring guardian), and wherever an attorney needs to deal with land.
Preparation: lawyers and public trustee services charge for preparing documents. NSW Trustee and Guardian charges for its packages, and in New South Wales the witness must be a lawyer or other prescribed witness.
Ongoing fees: if a public trustee or trustee company is appointed as attorney, it charges fees for managing the person's affairs.

We have not quoted dollar amounts because they change and vary by provider. Check the current fee on the relevant official page before you start. Victoria's Office of the Public Advocate and the Queensland Government both recommend legal advice, and Legal Aid and community legal centres can help people on low incomes.

Source: Western Australian Government; Land Titles Office (Tasmania); NSW Government

Questions families ask

What is the difference between a power of attorney and an enduring power of attorney?

A general power of attorney stops working if the person loses the capacity to make their own decisions. An enduring power of attorney keeps working after that, which is why it is the document that matters for ageing and dementia. Both end when the person dies, when their will takes over.

Can I make an enduring power of attorney for my mum or dad?

No. Only the person themselves can make one, and only while they have the capacity to understand it. Victoria's Office of the Public Advocate says you cannot make one on behalf of someone else. If a parent can no longer make one, the family can apply to the state tribunal for a guardian or administrator instead.

Does an enduring power of attorney let me choose an aged care home?

It depends on the state and on what the document covers. In Victoria, Queensland and the ACT, an enduring power of attorney can cover personal matters such as where the person lives. In New South Wales, Western Australia, South Australia and Tasmania it covers money and property only, so lifestyle decisions need an enduring guardian, enduring power of guardianship or (in South Australia) an advance care directive. And while the person can still make a decision themselves, it is theirs to make.

Do I need a lawyer to make one?

Not always. Queensland, Victoria, Western Australia, the ACT and the Northern Territory publish forms people can complete themselves, although Victoria's Office of the Public Advocate and the Queensland Government both recommend legal advice. In New South Wales the witness must be a lawyer or another prescribed witness, and NSW Trustee and Guardian prepares documents for a fee. A lawyer is worth considering for complicated finances, family disagreement or any doubt about capacity.

Does an enduring power of attorney have to be registered?

Only in Tasmania, where it must be registered with the Land Titles Office to be valid. In the other states and territories registration is only needed before the attorney deals with land, although Western Australia, South Australia and the Northern Territory offer optional lodging or registration.

How many attorneys can be appointed?

It varies. Victoria's short form allows up to 2 attorneys and 2 alternatives, and the long form up to 4 attorneys and 3 alternatives. Queensland allows a maximum of 4 attorneys who must agree on every decision (joint attorneys). Western Australia allows no more than two attorneys at any one time. Appointing more than one person, or an alternative, means there is a back-up if the first attorney cannot act.

What happens to the enduring power of attorney when the person dies?

It ends. From then on, the executor named in the will deals with the estate. An attorney cannot make or change a will for the person.

Sources

Last reviewed October 2026. We checked this guide against the official pages below. Rules and figures change, so check the source before you rely on a detail.

This is general information, not legal, financial or medical advice. Best Aged Care is a private placement service run by Boring Ventures Pty Ltd, not part of or acting for the Australian Government or My Aged Care. How we check our facts.