Wills, Trusts & Estate Planning
Power of Attorney: Set It Up Right or Fix What's Gone Wrong.
A properly drafted enduring power of attorney is one of the most important legal documents an Australian adult can have. Whether you are setting one up for an ageing parent, concerned that an existing attorney is misusing their authority, or trying to have a document recognised interstate, specialist legal advice can protect you and your family from serious harm.
⚠ A power of attorney can only be made while the person has legal capacity — do not delay if health is declining — submit your request now.
Does This Sound Like You?
Common situations we help with.
Ageing parent needs an enduring power of attorney set up
Your parent is getting older and you want to ensure proper legal arrangements are in place before their capacity to make decisions diminishes. An enduring power of attorney — covering both financial and personal/health decisions — must be made while the person has capacity. A lawyer can prepare the document, advise on which powers to grant, and ensure it is correctly executed under the relevant state legislation.
Attorney using POA to misappropriate funds
An attorney appointed under a power of attorney has a fiduciary duty to act in the principal's best interests. Misuse of a power of attorney — withdrawing funds for personal benefit, making gifts to themselves, or failing to maintain proper accounts — is a serious breach that can give rise to civil liability and criminal prosecution. State and territory tribunals (NCAT, VCAT, SAT, QCAT, NTCAT, ACT Civil and Administrative Tribunal, SACAT) can investigate and take action against rogue attorneys.
Wanting to revoke or change a power of attorney
Provided the principal still has legal capacity, a power of attorney can be revoked at any time. Revocation must be communicated to the attorney and any third parties relying on the document. If capacity is in question, revocation becomes significantly more complex and may require tribunal intervention. A lawyer can prepare the necessary revocation documents and ensure the revocation is effective and properly communicated.
Financial institution refusing to accept POA document
Banks and financial institutions are entitled to verify the validity of a power of attorney before acting on it, but they cannot unreasonably refuse to accept a properly executed document. If a bank is refusing to accept your POA, the issue may be that the document does not comply with the institution's requirements, that it was not properly witnessed, or that the bank requires an original rather than a copy. A lawyer can review the document and liaise with the institution to resolve the impasse.
POA signed when person lacked capacity
A power of attorney is only valid if the principal had legal capacity at the time of signing. If you believe a family member was pressured into signing a POA, or did not understand what they were signing due to dementia or illness, the document may be invalid. A lawyer can advise on how to challenge the validity of the document and, where necessary, apply to a tribunal for a review of the attorney's appointment and actions.
Interstate POA not being recognised by a bank
Powers of attorney are governed by state legislation and the formal requirements — witnessing, certification, and prescribed forms — differ across jurisdictions. An enduring power of attorney made in NSW under the Powers of Attorney Act 2003 may look different from one made in Victoria under the Powers of Attorney Act 2014. Many banks now accept interstate POAs but may require a certified copy or specific certification wording. A lawyer can advise on how to adapt or certify your document for use in a different state.
How It Works
Three steps to the right power of attorney advice
We connect you with an estate planning lawyer in your state who is familiar with the local POA legislation, witnessing requirements, and tribunal processes for challenging misuse or invalid documents. The initial consultation is free and without obligation.
Submit Your RequestSubmit your request
Tell us whether you need a new POA prepared, have concerns about an existing one, or are dealing with misuse or refusal by an institution. The more detail you provide, the better the match.
Matched with a specialist in your state
An estate planning or elder law specialist in your state will contact you directly to arrange a free initial consultation at a time that suits you and the family member involved.
Get clear advice and take the right action
Your lawyer will advise on the validity of existing documents, the steps needed to set up or revoke a POA, or how to take action against an attorney who is misusing their powers.
Capacity Required
A power of attorney can only be made while the person has legal capacity — act before it is too late
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Tribunal Access
NCAT, VCAT, SAT, QCAT and other tribunals can investigate and remove rogue attorneys
Before You Sign or Act
Practical questions about powers of attorney.
What is the difference between an enduring power of attorney and a general power of attorney? +
A general power of attorney is effective while the principal has capacity and automatically terminates if the principal loses capacity. An enduring power of attorney, by contrast, continues in force — or comes into force — even after the principal loses capacity. An enduring POA is the document most relevant to long-term planning for illness, dementia, or incapacity. Each state has its own legislation governing enduring POAs: the Powers of Attorney Act 2003 (NSW), the Powers of Attorney Act 2014 (VIC), the Powers of Attorney Act 1998 (QLD), and equivalent legislation in other states and territories.
What can and cannot an enduring POA authorise an attorney to do? +
A financial enduring POA generally authorises the attorney to manage bank accounts, pay bills, sell or lease property, manage investments, and conduct legal proceedings on behalf of the principal. It does not authorise the attorney to make a will on behalf of the principal, make gifts to themselves without express authorisation, act in their own interests rather than the principal's, or make decisions about medical treatment (which is covered by a separate enduring guardianship or medical power of attorney document). An attorney is required by law to keep the principal's property separate from their own and to keep proper records of all transactions.
How do I revoke a power of attorney? +
A principal with capacity can revoke a power of attorney at any time by executing a Deed of Revocation, which is a formal document signed, witnessed, and delivered to the attorney. The revocation should also be communicated to any third parties who have been dealing with the attorney — such as banks, real estate agents, or government departments — so they cease to act on the attorney's instructions. If the original POA was registered with a land titles office (which may be required for dealings in real property), the revocation should also be registered. A lawyer can prepare the revocation documents and ensure all appropriate notifications are made.
What are the witnessing requirements for a power of attorney, by state? +
Witnessing requirements vary significantly. In NSW, an enduring POA must be signed in the presence of an authorised witness (such as a lawyer, Justice of the Peace, or other prescribed person) who must also certify that the principal appeared to understand the document. In Victoria, the POA must be signed and dated in the presence of a person authorised to witness the signing, and the witness must sign a certificate confirming the principal's apparent capacity. In Queensland, the document must be signed before a qualified witness. A POA that is improperly witnessed may be invalid and ineffective. A lawyer can ensure correct execution.
How can NCAT, VCAT, or SAT help remove a rogue attorney? +
State and territory administrative tribunals have jurisdiction to review the conduct of attorneys appointed under enduring powers of attorney. NCAT (NSW), VCAT (VIC), QCAT (QLD), SAT (WA), SACAT (SA), and equivalent bodies in other territories can revoke a POA, remove an attorney, appoint a substitute attorney or a public trustee, and order an attorney to account for funds they have managed. Applications can be made by a family member, friend, or interested person. The tribunal can also order the attorney to repay misappropriated funds. The process is less formal and less expensive than court litigation.
Will an interstate power of attorney be recognised by banks and institutions? +
Under the Powers of Attorney Act (various states) and the Uniform Civil Procedure Rules, a power of attorney that complies with the law of the state in which it was made is generally effective in all Australian states and territories. However, banks and financial institutions may still require the document to be in a form they can verify, and some institutions require a certified copy or a lawyer's certificate confirming validity. If you are using a POA made in one state to deal with assets located in another state, a lawyer can advise on any additional steps required to ensure the document will be accepted.
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