Power of Attorney

A Power of Attorney (POA) is a legal document that gives someone you trust — called your attorney — the authority to make decisions on your behalf. In Australia, there are two main kinds. Most people doing end-of-life planning need the second one.

General POA — for short-term, specific tasks (e.g. someone signing a property contract for you while you're overseas, or managing your bills while you're in hospital briefly). It only works while you still have mental capacity. The moment you lose capacity, it stops. This is not the one most people want for end-of-life planning.

Enduring Power of Attorney (EPOA) — this is the important one. It continues to work after you lose mental capacity (dementia, coma, brain injury). In most states it comes in two separate documents:

• Financial EPOA — money, property, bills, banking, tax
• Medical/health EPOA — medical decisions (named differently in each state: Enduring Guardian in NSW, Medical Treatment Decision Maker in Vic, Enduring Power of Attorney for personal/health matters in QLD)

Every Australian state has its own POA legislation, forms, and terminology. Victoria calls the medical one a Medical Treatment Decision Maker. NSW calls it an Enduring Guardian. Queensland bundles financial and personal/health into one form. The legal effect is similar — the names and processes differ.

• Download the form from your state's Public Trustee or Justice Department website — it's free
• Choose carefully — whoever you appoint will have real power over your money and your life. You can appoint more than one person, and most people should.
• If you appoint more than one, you decide how they act: jointly (every decision made together) or jointly and severally (either one can act alone). Jointly is a safeguard against one going off on their own. Jointly and severally is far more practical when one is interstate, unwell, or simply not available on the day the bank asks. Ask what happens under your state's form if one of them later can't act — the answer isn't automatic.
• It is worth having at least one attorney young enough to still be running around for you in twenty years. Someone your own age may lose capacity around the same time you do, or go first. Some states let you name a back-up for exactly this — Victoria calls it an alternative attorney — and the form will tell you.
• Fill in the form with a witness (requirements vary by state — some need a lawyer, JP, or authorised witness)
• Give certified copies to your attorney, your GP, your solicitor, and keep the original safe
• Cost: free if you do it yourself with the government form; a solicitor will charge — ask what, up front

If you lose capacity without an EPOA, your family has to apply to a tribunal (VCAT in Victoria, NCAT in NSW, QCAT in Queensland) for a guardianship or administration order. This takes weeks or months, costs money, and a stranger — the tribunal — decides who gets the role. Your family's hands are tied until it's resolved.

Being appointed as someone's attorney is an honour and a weight. You are legally required to act in their best interests, keep records of all financial decisions, and not mix their money with yours.

• Present the EPOA document at banks, hospitals, Centrelink, Medicare — each has their own registration process
• Get multiple certified copies of the document (you'll need them everywhere)
• Keep a written record of every financial decision you make
• If an institution refuses to recognise the EPOA, ask for the refusal in writing and escalate to your state's Public Advocate
• The emotional weight is real — making decisions for someone you love, especially medical ones, is one of the hardest things. Talk to someone.

You can revoke a POA at any time while you still have capacity. Put the revocation in writing, notify your attorney, and notify anyone who has a copy (banks, GP, etc.). If the attorney is misusing the POA, contact your state's Public Advocate or Public Trustee — this is a serious legal matter.