Enduring Power of Attorney in Australia: Forms and Rules by State

An enduring power of attorney is a legal document that lets you choose someone to make financial and legal decisions for you if you cannot make them yourself, as Moneysmart, ASIC's consumer site, puts it. (Source: moneysmart.gov.au, checked 2 Oct 2026) The word "enduring" is the point. Unlike an ordinary power of attorney, an enduring one continues to have effect if you become mentally incapacitated at a later date. (Source: moneysmart.gov.au, checked 2 Oct 2026) It ends when you die, and your will takes over from there. (Source: nsw.gov.au, checked 2 Oct 2026)

Every state and territory runs its own version. Moneysmart says you set one up using your state or territory forms. (Source: moneysmart.gov.au, checked 2 Oct 2026) Below is what the document covers, who can make one, what an attorney must do, and a state-by-state table with each official form and its witness rule, as at the date this was checked.

Enduring vs general power of attorney

Both let someone act for you. The difference shows up on the worst day.

• A general power of attorney stops working if you lose capacity. The Queensland Government says a general power of attorney ends if you lose capacity to make financial decisions. (Source: qld.gov.au, checked 2 Oct 2026)
• An enduring power of attorney keeps going. The WA Government describes the benefit plainly: unlike an ordinary power of attorney, it will continue to operate even if the person who made it loses full legal capacity. (Source: wa.gov.au, checked 2 Oct 2026)

Neither one survives death. NSW Trustee and Guardian says a power of attorney is only valid during your lifetime, and after death, your will comes into effect. (Source: nsw.gov.au, checked 2 Oct 2026) Tasmania's Land Titles Office says the same: an enduring power of attorney ends automatically on the death of the donor. (Source: nre.tas.gov.au, checked 2 Oct 2026) That handover from attorney to executor is covered in power of attorney vs a will.

Money, health, or both? It depends on your state

This is the trap. In some states the enduring power of attorney covers money only, and health decisions need a separate document. In others one form covers both.

In New South Wales an attorney can only make financial and legal decisions, and you can appoint an enduring guardian to make accommodation, healthcare, lifestyle and medical decisions. (Source: nsw.gov.au, checked 2 Oct 2026) In Victoria the document can cover personal matters, financial matters or both, but your attorney cannot make medical treatment decisions unless they are also your medical treatment decision maker. (Source: publicadvocate.vic.gov.au, checked 2 Oct 2026) In Queensland it covers personal (including health) or financial matters. (Source: qld.gov.au, checked 2 Oct 2026) In Western Australia it does not cover personal and lifestyle decisions such as consenting to medical treatment, which are handled by Enduring Powers of Guardianship and Advance Health Directives. (Source: wa.gov.au, checked 2 Oct 2026)

Your own wishes about treatment go in a different document again, an advance care directive. Our guide to the advance care directive in Australia explains it, with pages for Queensland, NSW and Victoria.

Enduring power of attorney: state-by-state forms and witnesses

The name, what it covers and the witnessing rule as published by each state or territory government, as at the date this was checked. Follow the link for the official form or form page.

Sources for the table: (Sources: nsw.gov.au and nswlrs.com.au, checked 2 Oct 2026) (Sources: publicadvocate.vic.gov.au and justice.vic.gov.au, checked 2 Oct 2026) (Sources: qld.gov.au and qld.gov.au, checked 2 Oct 2026) (Sources: wa.gov.au and wa.gov.au, checked 2 Oct 2026) (Sources: sa.gov.au and lsc.sa.gov.au, checked 2 Oct 2026) (Sources: nre.tas.gov.au and nre.tas.gov.au, checked 2 Oct 2026) (Sources: ptg.act.gov.au and legislation.act.gov.au, checked 2 Oct 2026) (Source: nt.gov.au, checked 2 Oct 2026)

The Northern Territory is the outlier. The NT Government says advance personal planning replaces enduring power of attorney in the Northern Territory, and the Advance Personal Plan can cover health care, lifestyle, and property or other finance matters. (Source: nt.gov.au, checked 2 Oct 2026)

Does it need to be registered?

Mostly no, until property is involved. Tasmania is the big exception.

• Tasmania: the Land Titles Office says an enduring power of attorney does not have legal effect and cannot be used unless it is registered. (Source: nre.tas.gov.au, checked 2 Oct 2026)
• New South Wales: registration with NSW Land Registry Services is needed if your attorney will deal with real estate you own in NSW, and otherwise there is no requirement. (Source: nsw.gov.au, checked 2 Oct 2026) The 2026/27 registration fee was $182.71 including GST at the date this was checked. (Source: nswlrs.com.au, checked 2 Oct 2026)
• Queensland: it must be registered with the Queensland Titles Registry before your attorney can deal with land in Queensland, and does not have to be registered anywhere otherwise. (Source: qld.gov.au, checked 2 Oct 2026)
• Victoria: the Department of Justice says there is no central power of attorney register in Victoria. (Source: justice.vic.gov.au, checked 2 Oct 2026)
• South Australia: you do not have to register it, but before your donee can deal with your real estate it must be lodged at Land Services SA. (Source: sa.gov.au, checked 2 Oct 2026)
• Western Australia: the WA Government says there is no formal registration process, and that Landgate charges a fee to lodge it, within three months of making it, for property owners. (Source: wa.gov.au, checked 2 Oct 2026)

Who can make one, and who can be your attorney

You need to be an adult who understands what you are signing. Queensland says you must be 18 or older and have capacity to understand the document you are signing and the powers it gives. (Source: qld.gov.au, checked 2 Oct 2026) Western Australia says anyone over the age of 18 who has full legal capacity can make one. (Source: wa.gov.au, checked 2 Oct 2026) South Australia's guidance adds a hard edge: you cannot make a power of attorney after you have become legally incapacitated. (Source: sa.gov.au, checked 2 Oct 2026)

For the attorney, NSW's Local Court says the person you appoint must be over the age of 18 years. (Source: localcourt.nsw.gov.au, checked 2 Oct 2026) Victoria says an attorney must be 18 or older and cannot be an insolvent under administration, and that you cannot appoint your care worker, health provider or accommodation provider. (Source: justice.vic.gov.au, checked 2 Oct 2026)

What an attorney has to do

An attorney is managing someone else's money, and the rules are written down. In NSW the government says your attorney is legally required to act in your best interests, keep accurate records of all dealings and transactions, and keep their finances and money separate from yours. (Source: nsw.gov.au, checked 2 Oct 2026)

Queensland's fact sheet for attorneys lists the same duties: keep accurate records and accounts, and keep their property separate from the principal's. (Source: publications.qld.gov.au, checked 2 Oct 2026) The Queensland Government warns that failing to act honestly and with reasonable diligence as an attorney is a criminal offence. (Source: qld.gov.au, checked 2 Oct 2026)

If you are the attorney, the record keeping is the part that protects you. A simple running list of every payment, with the receipt, answers most questions before anyone asks them.

Who can help you make one

Making the document is a legal job, and a solicitor is worth paying for if your affairs are complex. There are lower-cost routes too. NSW Trustee and Guardian prepares them, and Service NSW says preparation is free for people eligible for a full Centrelink age pension. (Source: service.nsw.gov.au, checked 2 Oct 2026) Queensland's forms are free to download and print. (Source: qld.gov.au, checked 2 Oct 2026) Western Australia's Office of the Public Advocate kit is free to download. (Source: wa.gov.au, checked 2 Oct 2026)

The kitchen table part comes after. Your attorney needs to find the original, know which bank you use, and know where the super statements are kept. Writing that down is the job of The Estate Organiser, which records your will, your powers of attorney, your accounts and where each original lives. It is a book you fill in on your own computer or print and write in by hand, and nothing is stored online.

Common questions about enduring power of attorney in Australia

What is an enduring power of attorney in Australia?

A legal document that lets you choose someone to make financial and legal decisions for you if you cannot make them yourself. Unlike an ordinary power of attorney, it keeps working if you lose capacity. (Sources: moneysmart.gov.au and moneysmart.gov.au, checked 2 Oct 2026)

Does an enduring power of attorney cover medical decisions?

It depends on the state. In NSW it covers financial and legal decisions only, with health decisions going to an enduring guardian. In Queensland it can cover personal, including health, matters. In Victoria the attorney cannot make medical treatment decisions unless also appointed medical treatment decision maker. (Sources: nsw.gov.au, qld.gov.au and publicadvocate.vic.gov.au, checked 2 Oct 2026)

Does an enduring power of attorney end when you die?

Yes. NSW Trustee and Guardian says a power of attorney is only valid during your lifetime and your will comes into effect after death. Tasmania's Land Titles Office says it ends automatically on the death of the donor. (Sources: nsw.gov.au and nre.tas.gov.au, checked 2 Oct 2026)

Do you need to register an enduring power of attorney?

In Tasmania, yes, it has no legal effect until registered. In NSW, Queensland and South Australia, generally only before the attorney deals with real estate. Victoria has no central register. (Sources: nre.tas.gov.au, nsw.gov.au, qld.gov.au, sa.gov.au and justice.vic.gov.au, checked 2 Oct 2026)

Who can witness an enduring power of attorney?

It differs by state. NSW needs one prescribed witness such as a solicitor or Local Court registrar. Victoria needs two adult witnesses, one authorised to witness affidavits or a doctor. Queensland needs one eligible witness such as a JP. (Sources: nsw.gov.au, publicadvocate.vic.gov.au and qld.gov.au, checked 2 Oct 2026)

Is there an enduring power of attorney in the Northern Territory?

Not any more. The NT Government says advance personal planning replaces enduring power of attorney in the Northern Territory. An Advance Personal Plan can cover health, lifestyle and financial matters. (Source: nt.gov.au, checked 2 Oct 2026)

Can an enduring power of attorney be used interstate?

Often. The NSW Government says an enduring power of attorney made in another state or territory will be recognised in NSW provided it is valid under the laws of the place it was made and the powers could validly be given in NSW. Check with the other state if you move. (Source: nsw.gov.au, checked 2 Oct 2026)

Related guides

• Power of attorney vs a will: what is the difference?
• Advance care directive in Australia: every state's form
• How to get your affairs in order in Australia
• How to talk to your parents about their estate plans

Educational content only. Not legal, financial or tax advice. Estate laws vary across Australian states and territories. Always consult a qualified professional about your specific situation.

Get the free Executor Toolkit

A Day 1 to Month 12 roadmap for anyone handling an estate, the mistakes that create personal liability, notification letters and an expense tracker. Free and instant.