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

A general POA only operates while you have decision-making capacity. An enduring POA continues to operate after you lose capacity, which is its main purpose. If you want the appointment to protect you if you become incapacitated, an enduring power of attorney is essential.

Can the attorney make medical decisions?

No. A power of attorney covers financial and legal matters. Medical decisions are made under an advance care directive or enduring guardianship appointment (called different names in different states). Separate documents are required for a complete plan.

Who can be my attorney?

Any adult with capacity who consents to act and is not bankrupt or otherwise disqualified. Common choices are a spouse, adult child, close relative, or trusted friend. Professional attorneys (solicitors or trustee companies) are also available, particularly for larger estates.

Can I appoint more than one attorney?

Yes. You can appoint joint attorneys (must act together), several attorneys (may act independently), or joint and several (either may act alone). Appointing substitute attorneys is highly recommended in case your primary attorney is unable or unwilling to act.

Does the document need to be witnessed?

Yes. Enduring powers of attorney must be witnessed by a prescribed witness under state legislation — typically a lawyer, JP, or registrar — who certifies the principal understood the document. General powers of attorney often require witnessing as well; check your state's requirements.

Can I revoke the power of attorney?

Yes, while you have capacity. Revocation is by written notice to the attorney, destruction of the original, or execution of a new power that revokes the previous one. If the POA was registered at a land registry, you must also record the revocation there.

Does my power of attorney work interstate?

Most states recognise valid powers of attorney from other Australian jurisdictions, though the detailed effect varies. For major interstate dealings (e.g., selling land), it is often cheaper and clearer to execute a POA in the form prescribed by the state where the asset is located.

What happens if my attorney misuses the power?

You can revoke the power, pursue civil recovery for breach of fiduciary duty, and report the attorney to the state tribunal (NCAT, VCAT, QCAT or equivalent). Criminal offences may apply for fraud, theft, or specific POA misuse offences under state legislation.

LegalAustralia

Power of Attorney Template

A power of attorney appoints a trusted person (your "attorney") to make financial and legal decisions on your behalf. Use our free Australian template to create a general or enduring power of attorney under your state's Powers of Attorney Act, with appropriate witnessing and safeguards.

Create Your Power of Attorney

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ENDURING POWER OF ATTORNEY

State Of New South Wales, Australia

PRINCIPAL

James T. O'Brien

45 George Street, Sydney NSW 2000

ATTORNEY

Sarah J. Mitchell

12 Wattle Drive, Sydney NSW 2000

Effective: 25 April 2026

Enduring Power of Attorney

I, James T. O'Brien, of 45 George Street, Sydney NSW 2000, born 3 October 1955, being of sound mind and understanding, do hereby appoint Sarah J. Mitchell, of 12 Wattle Drive, Sydney NSW 2000, my Daughter, as my Attorney to act on my behalf in accordance with the terms of this document and the Powers of Attorney Act 2003 (NSW).

TYPE AND SCOPE

This is an Enduring Power of Attorney made under the Powers of Attorney Act 2003 (NSW). This Power of Attorney shall continue to be effective and shall not be revoked or terminated by my subsequent mental incapacity or impaired decision-making capacity. This is the most important feature of an Enduring Power of Attorney — it survives legal incapacity, ensuring my affairs can continue to be managed without a court-appointed guardian or administrator.

POWERS GRANTED

I hereby grant my Attorney the following specific powers: (a) buy, sell, lease, mortgage, encumber, or otherwise deal with real property and personal property on my behalf; (b) manage bank accounts, make deposits and withdrawals, pay bills, manage investments, securities, and managed funds on my behalf; (c) file tax returns with the Australian Taxation Office (ATO), manage tax disputes, apply for tax file numbers, and deal with all ATO matters on my behalf; (d) make contributions to, or withdrawals from, superannuation funds, manage binding death benefit nominations, and deal with all superannuation matters on my behalf, subject to the Superannuation Industry (Supervision) Act 1993 (Cth).

LIMITATIONS AND RESTRICTIONS

The Attorney shall: (a) act in my best interests at all times; (b) keep accurate records and accounts of all transactions made on my behalf; (c) not benefit personally from acting as my Attorney except as I may specifically authorise in writing; and (d) not make gifts of my property to themselves or others without my express written consent. The Attorney shall not enter into any single transaction exceeding 50,000.00 AUD without written approval from the successor Attorney or a designated family member. The following additional restrictions and conditions apply: The attorney shall not sell the principal's primary residence without the written consent of the successor attorney.

SUCCESSOR ATTORNEY

If my Attorney is unable or unwilling to act, or ceases to act for any reason, I appoint Michael T. O'Brien, of 8 Harbour View Crescent, Balmain NSW 2041, as my successor Attorney, with the same powers and authority granted to the primary Attorney under this document. The successor Attorney shall provide written notice of their acceptance to me or, if I lack capacity, to my nearest relative.

DURATION

This Power of Attorney shall take effect on 25 April 2026 and shall remain in effect until revoked by me in writing, or until my death. This Power of Attorney shall survive my subsequent mental incapacity in accordance with the Powers of Attorney Act 2003 (NSW).

REVOCATION

I reserve the right to revoke this Power of Attorney at any time while I have legal capacity, by providing written notice of revocation to the Attorney and to any financial institutions, government agencies, or third parties who may have relied on this document. Upon revocation, the Attorney shall immediately cease to exercise any powers granted herein and shall return all documents, accounts, and records in their possession belonging to me. Revocation must be in the form required by the Powers of Attorney Act 2003 (NSW).

EXECUTION AND WITNESSING

This Power of Attorney must be executed in accordance with the requirements of the Powers of Attorney Act 2003 (NSW). The witness must be an adult who is not the attorney, the attorney's spouse or de facto partner, a relative of the principal or attorney, or a person who provides residential care to the principal (Powers of Attorney Act 2003 (NSW) s. 19). Financial institutions in Australia may require presentation of the original document or a certified copy. It is recommended that the Attorney obtain certified copies for ongoing use. This document should be kept in a secure location known to trusted family members.

GOVERNING LAW

This Power of Attorney is governed by and construed in accordance with the laws of the State of New South Wales, including the Powers of Attorney Act 2003 (NSW), and the applicable laws of the Commonwealth of Australia. Any dispute or question arising under or relating to this Power of Attorney shall be subject to the jurisdiction of the courts of New South Wales.

GENERAL

Third Parties: Any person dealing with my Attorney in good faith and without notice of any limitation or revocation may rely on this Power of Attorney as valid. Ratification: I ratify and confirm all acts lawfully done by the Attorney pursuant to this Power of Attorney. Severability: If any provision is found unenforceable, the remaining provisions remain in full force.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

PRINCIPAL

James T. O'Brien

Date: ____________________

ATTORNEY

Sarah J. Mitchell

Date: ____________________

What Is a Power of Attorney?

Under Australian law, a power of attorney is a formal document by which you (the "principal") authorise another person (the "attorney") to act on your behalf in relation to your property and financial affairs. It can be used while you remain able to manage your own affairs — for example, when you are overseas, unwell, or dealing with complex Australian legal matters — or it can continue to operate after you lose decision-making capacity.

There are two main types in Australia. A general power of attorney authorises the attorney to act while you still have capacity and ends automatically if you lose capacity. An enduring power of attorney (EPA) continues to operate even if you lose capacity — making it the cornerstone of later-life planning. Each Australian state and territory has its own legislation: Powers of Attorney Act 2003 (NSW), Powers of Attorney Act 2014 (Vic), Powers of Attorney Act 1998 (Qld), Powers of Attorney and Agency Act 1984 (SA), Guardianship and Administration Act 1990 (WA), Powers of Attorney Act 2000 (Tas), Powers of Attorney Act 2006 (ACT), and Powers of Attorney Act 1980 (NT).

An enduring power of attorney does not cover medical or lifestyle decisions. Those fall within a separate instrument — an advance care directive, enduring guardianship appointment, or (in Victoria) a medical treatment decision-maker appointment. A comprehensive estate plan usually includes both an EPA for finances and a separate document for health and lifestyle decisions.

What's Covered in This Template

Our power of attorney template covers the essential elements of a valid general or enduring appointment.

Principal Details

Your full legal name, address, and date of birth.

Attorney Appointment

Primary and substitute attorneys, with joint or several authority.

Type of Appointment

General (while you have capacity) or enduring (continues after loss of capacity).

Commencement

Immediately, on a specified date, or only on loss of capacity.

Scope of Authority

General authority over financial and legal matters, or limited to specified matters.

Conditions and Limitations

Any restrictions on the attorney's powers.

Conflict of Interest

Express authority for transactions where the attorney may benefit, if required.

Gift-Making Authority

Limited authority to continue customary gifts to family members or charities.

Attorney Acceptance

Attorney's signed acceptance of appointment and duties.

Witnessing Requirements

Witnessing by an authorised witness as required by state legislation.

Revocation

Process and notice for revoking the power of attorney.

Registration

State land registry registration where property dealings are involved.

How to Create a Power of Attorney

Follow these steps to produce a valid Australian power of attorney in minutes.

1
Enter Your Details
Provide your full legal name, address, and date of birth.
2
Choose the Type
Select a general or enduring power of attorney based on your needs.
3
Appoint Your Attorney
Name a trusted primary attorney and, ideally, a substitute attorney.
4
Define Scope and Conditions
Set the commencement, scope, and any restrictions or conditions.
5
Sign with Authorised Witness
Sign in the presence of a witness as required by your state legislation, then download the PDF.

Legal Considerations

Powers of attorney must meet state-specific form and witnessing requirements to be valid and registrable.

This template is for informational purposes only and does not constitute legal advice. For enduring powers of attorney involving significant assets, obtain legal advice before execution.

Reviewed for Australian law

State-Specific Formalities

Each Australian state's Powers of Attorney Act sets out specific form and witnessing requirements. For example, section 19 of the Powers of Attorney Act 2003 (NSW) requires an enduring power to be witnessed by a "prescribed witness" — typically an Australian lawyer, registrar of the Local Court, or licensed conveyancer — who certifies that the principal understood the effect of the document. Queensland requires the approved form prescribed under the Powers of Attorney Act 1998 (Qld) with similar certification.

Capacity to Execute

Under Australian law, the principal must have decision-making capacity at the time of signing — understanding the nature and effect of appointing an attorney, including the authority granted, the risks, and the ability to revoke. Where capacity is questionable, assessment by an Australian medical practitioner is prudent. An enduring power made without capacity is invalid.

Attorney's Duties and Liabilities

In Australia, attorneys owe fiduciary duties to the principal, including duties to act honestly, avoid conflicts of interest, keep accurate records, and act in the principal's best interests. Misuse of an EPA can amount to fraud under Australian state Crimes Acts and expose the attorney to civil recovery and, in some Australian states, specific offences (such as section 108 of the Powers of Attorney Act 2014 (Vic)).

Registration for Land Dealings

Where the attorney will deal with real property in a state, the power of attorney must usually be registered at the state's land registry under the Real Property Act 1900 (NSW), Transfer of Land Act 1958 (Vic), or equivalent. Registration gives notice to third parties and enables the attorney to sign dealings.

Frequently Asked Questions

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