Powers of Attorney in Australia — What They Are and How They Work
Last updated: June 2026
What is a Power of Attorney?
A power of attorney (POA) is a legal document that authorises another person (your attorney) to make decisions on your behalf. There are two main types:
- General power of attorney — operates while you have mental capacity; automatically ends if you lose capacity
- Enduring power of attorney — continues to operate even if you lose mental capacity
For planning purposes, an enduring power of attorney is usually what people want — it ensures someone can manage your affairs if you become incapacitated through illness, injury, or dementia.
Types of Decision-Making Authority
Powers of attorney can cover different areas:
Financial/legal matters:
- Managing bank accounts
- Paying bills and managing investments
- Buying or selling property
- Managing your business affairs
Personal/health decisions (varies by state):
- Deciding where you live
- Medical treatment decisions
- Day-to-day lifestyle decisions
In some states, financial and personal/health powers are in separate documents. In others, they can be combined.
Terminology by State
Each state uses slightly different terminology:
| State/Territory | Financial POA | Personal/Health decisions |
|---|---|---|
| NSW | Enduring Power of Attorney | Enduring Guardianship |
| VIC | Enduring Power of Attorney (financial) | Medical Treatment Decision Maker |
| QLD | Enduring Power of Attorney (financial AND personal) | Advance Health Directive |
| WA | Enduring Power of Attorney | Enduring Power of Guardianship |
| SA | Enduring Power of Attorney | Advance Care Directive |
| TAS | Enduring Power of Attorney | Enduring Guardianship |
| NT | Enduring Power of Attorney | Advance Personal Plan |
| ACT | Enduring Power of Attorney | Enduring Power of Attorney (personal care) |
Choosing an Attorney
Your attorney has serious responsibilities and must act in your best interests. Choose someone who:
- Is trustworthy and has good judgment
- Is available and willing to take on the role
- Is unlikely to have conflicts of interest with your interests
- Is capable of managing financial or personal matters
You can appoint multiple attorneys to act jointly (all must agree) or severally (each can act alone). You can also appoint a substitute attorney in case your first choice cannot act.
How to Create a Power of Attorney
Requirements vary by state but generally include:
- A document in the required form (state-specific)
- Your signature witnessed by an eligible person (usually a lawyer, JP, or other qualified witness)
- Sometimes the attorney must also sign
- Some states require the document to be registered
Important: You must have mental capacity when you create the power of attorney. You cannot create one after losing capacity — at that point, your family would need to apply to the relevant tribunal for a guardianship/administration order instead.
Revoking a Power of Attorney
You can revoke (cancel) a power of attorney at any time while you have mental capacity. Notify your attorney in writing and inform any third parties (bank, etc.) who have been acting on the power.
Advance Care Directives
Separate from POAs, an advance care directive (also called a living will) allows you to specify your wishes for medical treatment in advance, in case you cannot make decisions at the time. These are governed by separate legislation in each state.