Power of Attorney in Australia: Forms and Witnesses

When people make a will, they're often told to do a power of attorney at the same time. The two documents do different jobs. A will deals with your estate after you die. An enduring power of attorney lets someone you trust make decisions for you while you're alive, including if you can no longer make them yourself. Each state and territory has its own form, its own witness rules and its own name for some of the documents. This page sets them out from the official pages we read on 30 October 2026.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

Power of attorney and enduring power of attorney

The NSW Government's power of attorney page describes the difference. A general power of attorney lets someone manage financial and legal decisions for you only while you can still make your own decisions, and it ends if you lose capacity or die. An enduring power of attorney continues even if you lose the ability to make decisions, and also ends when you die. The page says a power of attorney is only valid during your lifetime, and after death your will comes into effect. It gives different witness rules for each kind.

Health and lifestyle decisions are often handled by a separate document. NSW uses an enduring guardian for those. Victoria Legal Aid suggests thinking about powers of attorney and a medical treatment decision-maker when you make your will. The NT uses an advance personal plan for both.

The rules by state

Where to get the forms

Each state's form is different, so use the one for the state where you live:

• NSW: the NSW Government page says NSW Trustee and Guardian doesn't provide blank forms.
• Victoria: the Office of the Public Advocate says free fillable forms are on the Department of Justice and Community Safety website, though it recommends legal advice.
• Queensland: Queensland Public Trustee says you can get a form and do it yourself, though you may want a professional to check the clauses and witnessing.
• WA: the WA Government says the Office of the Public Advocate's kit, with forms and step-by-step instructions, is free to download. It also warns that completing the forms incorrectly could make the document invalid.
• South Australia: you can buy forms from Service SA, or download free editable Word versions of form P1 (power of attorney) and form P2 (enduring power of attorney) from Land Services SA. The Legal Services Commission publishes a do-it-yourself kit.
• ACT: the Public Trustee and Guardian's guide, The Power to Choose, explains the documents.
• NT: the NT Government's advance personal plan page has the form and instructions.

Registration and land

Registration rules differ, and they matter most if the attorney may need to sell or deal with real estate:

• NSW: the document must be registered with NSW Land Registry Services before the attorney can deal with NSW real estate.
• South Australia: you don't have to register a power of attorney, but before your donee can deal with your real estate it must be lodged at Land Services SA.
• Tasmania: the Office of the Public Guardian says an enduring power of attorney must be completed and registered through the Land Titles Office, and a fee is payable.
• NT: you can register an advance personal plan with the Public Guardian and Trustee at no cost. If it gives someone power over land, the original must be registered with the Land Titles Office for a fee.
• Queensland: Queensland Public Trustee offers free safe custody for the original document.

Costs

The official forms are free or cheap in several states, as listed above. Some will services also include a power of attorney:

• Public Trustee Tasmania's will fees, $140 single and $210 couple on 30 October 2026, include an enduring power of attorney
• the ACT's capped lawyer fee for an enduring power of attorney alone was $320 for eligible people
• Safewill's power of attorney page listed medical and financial documents for $99
• Willed's pricing page listed an enduring power of attorney for finances and property at $99, or $89 with a will

Registration fees, where they apply, are extra.

Choosing an attorney

Your attorney will be able to make financial decisions for you, so choose carefully. The official pages we read stress a few points:

• Victoria's Office of the Public Advocate says to choose someone you trust, who is unlikely to die before you and is willing, able and available when a decision is needed
• you can appoint more than one attorney. Queensland Public Trustee says you then decide whether they act jointly, severally or by majority
• in Victoria, your attorney or their relative can't be a witness, and in South Australia a donee can't be a witness
• in the ACT, only one witness can be a relative of you or your attorney

Talk to the person before you name them, and keep a copy of the signed document where they can find it.

Changing or cancelling a power of attorney

Queensland Public Trustee says an enduring power of attorney can be changed or cancelled if you still have capacity to make that decision. The SA Government page says that to revoke a power of attorney you must tell your donee in writing and tell your bank and any other businesses the donee dealt with, or the donee can legally keep acting. If it was lodged with Land Services SA, you must lodge a revocation too. Safewill's power of attorney page says that in Victoria a new power of attorney overrides the previous one, and elsewhere you must revoke the earlier one separately. Check your state's official page before you sign a new one.

Frequently asked questions

Who can witness a power of attorney in Australia?

It depends on the state. NSW requires a solicitor, barrister, Local Court registrar or another listed person. Queensland requires a JP, commissioner for declarations, lawyer or notary. Victoria, WA and the ACT need two witnesses, one of them authorised.

Can a JP witness a power of attorney in NSW?

The NSW Government's list of eligible witnesses for an enduring power of attorney doesn't include a JP. It includes solicitors, barristers, Local Court registrars and some others.

Does a power of attorney end when I die?

Yes. The NSW Government says a power of attorney is only valid during your lifetime, and after death your will comes into effect. That's why many people make both.

Is a power of attorney from one state valid in another?

The SA Government page says many Australian states and territories accept each other's powers of attorney, but not all. Ask the official body in the state where the document will be used.

Do I need a lawyer for a power of attorney?

Not in the states we checked. Several publish free forms or kits. Victoria's Office of the Public Advocate recommends legal advice.