An enduring power of attorney is one of the most important documents to put in place after a diagnosis. It lets someone you trust manage your financial and legal affairs if you become unable to do so yourself. It has to be signed while you still have legal capacity, so the time to do it is now, not later.
What is an enduring power of attorney?
An enduring power of attorney lets you appoint a person, called your attorney, to make financial and legal decisions on your behalf. That covers things like operating your bank accounts, paying your bills, managing your investments, and selling property if it is needed.
You choose who holds this role, and you can set limits on what they can and cannot do. Your attorney must always act in your best interests and keep their money separate from yours.
How is it different from an ordinary power of attorney?
This is the distinction that matters most, and it is the one most people get wrong. A general or ordinary power of attorney ends the moment you lose the capacity to make your own decisions. An enduring power of attorney is the opposite: it keeps working precisely when you can no longer manage things yourself.
For someone living with a serious illness, the enduring form is the one that counts. An ordinary power of attorney offers no protection at the point you are most likely to need it.
Why does it need to be done early?
An enduring power of attorney can only be made while you still have legal capacity, which broadly means you understand what the document does and what you are agreeing to. Once that capacity is lost, it is too late to make one.
If no enduring power of attorney is in place when it is needed, your family cannot simply step in. They may have to apply to the relevant state tribunal to be appointed as a financial administrator. That process takes time, costs money, and adds stress at an already hard moment. Putting the document in place early avoids all of it.
Does it cover medical decisions too?
No. An enduring power of attorney covers financial and legal matters only. Decisions about medical treatment and personal care are made under a separate document, which is called an enduring guardianship, a medical power of attorney, or a medical treatment decision maker appointment depending on your state. The same person can hold both roles, but they are two different appointments. It is worth putting both in place at the same time.
Does it work differently in each state?
Yes. Enduring powers of attorney are governed by state and territory legislation, so the form, the witnessing requirements, and the exact name differ depending on where you live.
| State or territory | Governing legislation |
|---|---|
| Victoria | Powers of Attorney Act 2014 |
| New South Wales | Powers of Attorney Act 2003 |
| Queensland | Powers of Attorney Act 1998 |
| South Australia | Powers of Attorney and Agency Act 1984 |
| Western Australia | Guardianship and Administration Act 1990 |
| Tasmania | Powers of Attorney Act 2000 |
| ACT | Powers of Attorney Act 2006 |
| Northern Territory | Powers of Attorney Act 1980 |
If you live in one state but own property in another, or you move interstate, ask your solicitor whether your document is valid across both. In some cases you may need a separate document for each state.
How do I set one up?
In most states an enduring power of attorney must be signed in front of an authorised witness, such as a lawyer or a justice of the peace, while you have capacity. A solicitor who works in estate planning will prepare the correct document for your state and make sure it is witnessed properly. The cost is usually modest, and community legal centres can help people on limited incomes.
The Public Trustee in each state also offers this service and can advise on the requirements where you live.
This is general information only. For your situation, speak with a solicitor admitted in your state.
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Pierre started 18December after his partner Mark was given a terminal diagnosis, when they mapped out everything that needed to happen at the kitchen table. He reviews the guides to keep them honest, plain, and genuinely useful. About 18December
Published 12 June 2026
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