Who Decides When You Can't?
An enduring power of attorney ensures someone you trust — not a court or a government tribunal — manages your affairs if you become incapacitated. Our admitted attorney prepares enduring powers of attorney for every Australian state and territory.
- Financial & personal POA
- All states & territories
- Fixed-fee pricing
- Australia-wide
A note on terminology
Durable & Financial Power of Attorney — The Australian Terms
If you've searched for "durable power of attorney" or "financial power of attorney" you've likely seen US-based content. In Australia, the correct term is enduring power of attorney. "Enduring" is the Australian equivalent of the US "durable" — it means the document remains valid if you lose mental capacity, which is precisely when you need it most. A "financial power of attorney" in Australian law is an enduring power of attorney (financial), covering bank accounts, investments, and property.
Why it matters
Without One, Your Family Goes to Court
If you lose mental capacity without an enduring power of attorney — through accident, illness, or age — your family cannot legally manage your affairs. Not your bank accounts. Not your property. Not your bills. Without the document in place, the only option is an expensive, slow application to a state tribunal. It can take months. It will cost thousands. And it happens while your family is already dealing with a crisis.
Important: You can only sign a power of attorney while you have mental capacity. Once you lose capacity, it is too late. This document must be prepared before it is needed.
Without an enduring POA, your family cannot:
- Access your bank accounts to pay bills or your mortgage
- Sell or manage your property on your behalf
- Make investment decisions on your behalf
- Deal with Centrelink, the ATO, or your super fund
- Manage your business interests
Financial and Personal — You Need Both
One document covers your money. Another covers your life decisions. Most people need both, and can appoint the same person or different people.
Enduring Power of Attorney (Financial)
Also called: durable POA, financial POA
Authorises your attorney to manage your financial and legal affairs — bank accounts, investments, real estate, and bill payments. Remains valid if you lose mental capacity. The foundation of financial protection in any estate plan.
- Covers all financial and legal decisions
- Continues if you lose mental capacity
- Can take effect immediately or only upon incapacity
- Must be witnessed by an eligible person (varies by state)
Enduring Guardianship / Personal Attorney
Also called: personal/lifestyle attorney, medical POA
Authorises your attorney to make personal and lifestyle decisions — where you live, what healthcare you receive, and day-to-day personal matters. The terminology and requirements differ by state, but the purpose is the same: ensuring someone you trust can speak for you.
- Covers personal, lifestyle and healthcare decisions
- Works alongside (not instead of) advance health directives
- Requirements differ significantly by state
- Does not cover financial or legal decisions
From Enquiry to Signed Document
Our process is straightforward, secure, and entirely online.
Submit Your Enquiry
Complete our short estate planning enquiry form. Let us know you need an enduring power of attorney — financial, personal, or both.
Complete Your Questionnaire
We send you a secure planning questionnaire to gather the details we need — who you want to appoint, any conditions or restrictions, and your state.
We Draft and Guide You
Our admitted attorney prepares your document correctly under your state's legislation and guides you through the signing and witnessing requirements.
Power of Attorney Requirements Vary by State
Each Australian state and territory has its own legislation governing powers of attorney. We ensure your document is valid for your jurisdiction.
| State | Financial Document | Personal Document | Disputes Tribunal |
|---|---|---|---|
| NSW | Enduring Power of Attorney | Enduring Guardianship | NCAT |
| VIC | Enduring Power of Attorney (Financial) | Enduring Power of Attorney (Personal) | VCAT |
| QLD | Enduring Power of Attorney (Financial) | Enduring Power of Attorney (Personal) | Queensland Civil & Administrative Tribunal |
| SA | Enduring Power of Attorney | Advance Care Directive (Medical) | South Australian Civil & Administrative Tribunal |
| WA | Enduring Power of Attorney | Enduring Power of Guardianship | State Administrative Tribunal |
| TAS | Enduring Power of Attorney | Enduring Guardianship | Guardianship & Administration Board |
| NT | Enduring Power of Attorney | Power of Attorney (Personal) | Northern Territory Civil & Administrative Tribunal |
| ACT | Enduring Power of Attorney | Health Attorney / Enduring Power of Guardianship | ACT Civil & Administrative Tribunal |
Terminology and requirements change. Always obtain legal advice specific to your state.
Power of Attorney FAQs
Including plain-English explanations of US terms and their Australian equivalents.
Protect Your Family Before It's Too Late
A power of attorney must be prepared while you have capacity. Don't wait until you need it — by then, it's too late to sign one.
- Financial and personal powers of attorney
- Valid in every Australian state and territory
- Store your POA documents in Custodium Vault