Wills & Estates Lawyers › Powers of Attorney
Powers of Attorney Lawyers — Protect Yourself Before You Lose Capacity.
A power of attorney authorises a trusted person to make financial and legal decisions on your behalf if you lose capacity. An advance care directive (or enduring guardianship) records your healthcare and lifestyle wishes. These documents are as important as a will — and often more urgently needed. Without them in place, your family must go through the expensive and distressing tribunal process to be appointed as your decision-maker.
⚠ A power of attorney can only be made while you have legal capacity. Once capacity is lost, a tribunal application is required — which takes months and costs significantly more. Get a power of attorney in place today.
What We Help With
Powers of attorney and advance care planning — the full suite of documents.
Enduring Power of Attorney (Financial)
An enduring power of attorney authorises a nominated attorney (trusted person) to make financial and legal decisions on behalf of the principal — including managing bank accounts, paying bills, managing property, and making investments. "Enduring" means the authority continues even if the principal loses mental capacity. A lawyer prepares the document and ensures it meets the requirements of the applicable state legislation.
Enduring Guardianship / Medical Power of Attorney
An enduring guardian (in NSW, WA, and some other states) or medical power of attorney (in other states) authorises a nominated guardian to make healthcare and lifestyle decisions on the principal's behalf if they lose capacity — including decisions about medical treatment, accommodation, and personal welfare. The terminology and form varies by state.
Advance Care Directive / Advance Health Directive
An advance care directive (or advance health directive, advance care plan — terminology varies by state) records the principal's specific wishes regarding their medical treatment — including wishes regarding life-sustaining treatment, resuscitation, and end-of-life care. A properly completed advance care directive guides medical practitioners and removes the burden of these decisions from family members in a medical crisis.
Limited / General Power of Attorney
A general or limited power of attorney grants authority that is not enduring — it is typically used for a specific transaction (such as signing contracts during overseas travel) or for a limited period. A limited power of attorney does not continue if the principal loses capacity. A lawyer prepares the appropriate document for the specific purpose.
Reviewing & Updating Existing Documents
A power of attorney made in another state, or many years ago, may not be in the current form required by the relevant legislation. A lawyer reviews existing documents and advises on whether they remain effective — or whether updated documents are required (particularly important where property in another state is involved).
Tribunal Applications — Where Capacity Is Already Lost
Where a person has already lost capacity without documents in place, family members must apply to the relevant state civil and administrative tribunal (NCAT in NSW, VCAT in VIC, QCAT in QLD, etc.) to be appointed as financial administrator and/or guardian. A lawyer prepares and manages the tribunal application and represents the applicant at the hearing.
What the Law Says
Powers of attorney — the legal framework, state by state.
State-based legislation — the terminology varies
Powers of attorney and guardianship documents are governed by state and territory legislation — each jurisdiction has its own Act, prescribed forms, and witnessing requirements. NSW: Powers of Attorney Act 2003; VIC: Powers of Attorney Act 2014; QLD: Powers of Attorney Act 1998; WA: Guardianship and Administration Act 1990; SA: Powers of Attorney and Agency Act 1984 (being replaced by the Advance Care Directives Act 2013 and Supported Decision-Making Agreement Act 2018). A lawyer ensures the documents meet the specific requirements of the relevant state.
When does an enduring power of attorney take effect?
An enduring power of attorney can be drafted to take effect: (1) immediately on signing — the attorney can act from that moment, whether or not the principal has capacity; or (2) only if and when the principal loses capacity — the attorney's authority is "triggered" by the loss of capacity. The appropriate choice depends on the specific circumstances and level of trust in the attorney. A lawyer advises on which form is appropriate and how the document should be structured.
Witnessing requirements — they are strict
A power of attorney that is not correctly witnessed is invalid. In most states, an enduring power of attorney must be witnessed by an authorised witness — typically a lawyer, justice of the peace, notary public, or other person specified in the legislation. The attorney (the person being given the power) generally cannot be a witness. The witness must certify that they explained the document to the principal and that the principal appeared to have capacity. A lawyer ensures the witnessing requirements are strictly followed.
Attorney duties — fiduciary obligations
An attorney under a power of attorney is a fiduciary — they must act in the principal's best interests, keep the principal's assets separate from their own, keep accurate records of transactions made on the principal's behalf, and not benefit themselves at the principal's expense. Misuse of a power of attorney — using it to transfer the principal's assets to the attorney for the attorney's own benefit — is elder financial abuse and can constitute theft. A lawyer advises attorneys on their duties and helps structure the document with appropriate protections.
Revoking a power of attorney
A principal who has capacity can revoke a power of attorney at any time — by executing a revocation document in the same form as the original power of attorney. The attorney must be notified of the revocation. Third parties who dealt with the attorney in good faith before notice of the revocation are generally protected. A power of attorney automatically ceases to have effect on the death of the principal — at which point the executor (if a will exists) or administrator (if intestate) takes over authority over the estate.
Property transactions — registration requirements
Where an attorney uses a power of attorney to deal with real property — including signing contracts, transferring title, or taking out mortgages — the power of attorney may need to be registered with the relevant land titles office before the transaction can be completed. Registration requirements vary by state. A conveyancing lawyer ensures that a power of attorney is in the required form and is properly registered before any property transaction is undertaken.
How It Works
One request. Your estate planning documents prepared.
Tell us your state, your family situation, and what you need. A wills and estates lawyer prepares your power of attorney, enduring guardianship, and advance care directive — usually in a single appointment.
Submit Your RequestTell us your state and what you need
Tell us your state (the legislation varies), who you want to appoint as attorney and guardian, whether you have specific healthcare wishes to record, and whether the documents need to be effective immediately or only on loss of capacity.
Matched to a wills & estates lawyer
Your request is matched to a lawyer who prepares powers of attorney and advance care documents in your state — ensuring the documents meet the current legislative requirements and witnessing formalities.
Documents prepared, witnessed, and certified
A lawyer prepares the documents, explains the contents and your attorney's duties, oversees the witnessing formalities, and provides certified copies as required. Most power of attorney appointments are completed in a single appointment.
Common Questions
Powers of attorney — frequently asked questions.
What's the difference between a power of attorney and an enduring power of attorney?
A general (non-enduring) power of attorney ceases to have effect if the principal loses mental capacity — which is precisely the situation in which it is most needed. An enduring power of attorney continues to have effect even if the principal loses capacity — it "endures" through incapacity. For estate planning purposes, an enduring power of attorney is almost always what is required. A general power of attorney is used for specific, short-term purposes — such as delegating authority to sign a contract while overseas.
Who should I appoint as my attorney?
Your attorney should be: a person you trust absolutely to act in your best interests; legally competent (not a minor or a person who has been declared bankrupt in relation to financial matters); and available to act (geographically accessible and willing to take on the responsibilities involved). You can appoint more than one attorney — either jointly (both must act together) or severally (each can act independently). You should also appoint a substitute attorney in case the primary attorney is unable or unwilling to act. A lawyer advises on structuring the appointment to give appropriate flexibility and protection.
Can a power of attorney be used to change a will?
No — a power of attorney cannot be used to make, change, or revoke a will. A will is a personal document that can only be made or changed by the principal while they have testamentary capacity. An attorney under a power of attorney has no authority to deal with the principal's will. However, in some states, an attorney or guardian can apply to the court for a "statutory will" to be made on behalf of a person who has lost testamentary capacity — a complex and exceptional procedure that requires court approval.