Alternatives to Public Trustee for Power of Attorney in Australia
If you're looking for alternatives to the Public Trustee for managing an aging parent's affairs in Australia, the best option is a private enduring power of attorney appointing a trusted family member or friend — set up while the parent still has capacity. The Public Trustee may become involved when no suitable private decision-maker is available or a tribunal makes a state appointment, and the arrangement can involve commissions, slow decision-making, and a level of bureaucratic control that most families find frustrating and expensive over the long term.
The Public Trustee isn't a bad actor. It's a necessary safety net for people who genuinely have no one else. But for families who have willing, capable members ready to take on the role, a private arrangement almost always serves the parent better — faster decisions, lower costs, and someone who actually knows the parent making the calls.
What the Public Trustee Actually Costs
The headline is often "free" or "low cost" — and the initial setup can be, especially for full pensioners. But the ongoing cost structure is where families get caught.
| Cost element | Public Trustee (varies by state) | Private EPOA |
|---|---|---|
| Setup | AUD 0–220 (free for many pensioners) | AUD 0 (DIY with state forms) to $29 (toolkit) to AUD 800–2,000 (solicitor) |
| Ongoing management fee | Varies by state; Queensland is typically 5–6% of the managed estate's gross value | None — your attorney acts voluntarily |
| Commission on estate | 1.65–5.5% of total estate value upon death | None |
| Other charges | Additional charges may apply depending on the state and work required | None beyond agent fees |
| Follow-up meetings | Free but slow — weeks to schedule | Direct family communication |
On a modest estate worth AUD 500,000, a Public Trustee commission of 3.5% takes AUD 17,500 from the estate. On a AUD 800,000 property plus superannuation, the total can exceed AUD 30,000. These are not fees for exceptional work — they're administrative charges for doing what a family member would do for free.
The ongoing management fees compound this. If the parent is alive for several years under Public Trustee management — which is typical for someone with dementia — the annual income management fees, asset review charges, and transaction fees accumulate into a significant drain on resources that were meant to fund the parent's care.
The Three Main Alternatives
1. Private Enduring Power of Attorney (EPOA)
This is the primary alternative and the one that gives the family the most control. The parent chooses who will manage their financial affairs by executing an EPOA while they still have capacity. The appointed attorney — usually an adult child, sometimes a trusted friend — can exercise the financial powers the parent granted, which may include managing bank accounts, paying bills, and selling property where any required land registration has been completed.
For personal and health decisions (where to live, medical consent, aged care placement), you need an additional instrument — Enduring Guardianship in NSW, Medical Treatment Decision Maker in Victoria, or the personal section of Queensland's combined EPOA.
Advantages over Public Trustee:
- No commissions or ongoing fees
- Decisions made by someone who knows the parent's preferences
- Immediate response to urgent situations (the Public Trustee can take weeks to approve routine transactions)
- Full visibility into all financial activity
Requirements:
- Parent must have legal capacity at the time of signing
- Correct state-specific forms, witnessing, and (where required) registration
- The attorney must act in the parent's best interests and keep records
2. Private Professional Administrator or Trustee Company
If no suitable family member is available or willing, private trustee companies offer an alternative to the government Public Trustee. Firms like Australian Unity Trustees, Equity Trustees, or Perpetual provide professional estate management with a more personalised service level.
Advantages:
- More responsive than the Public Trustee (dedicated case manager rather than rotating staff)
- Can handle complex asset structures (trusts, company holdings, investment portfolios)
Disadvantages:
- Fees vary and may include asset-management and transaction fees
- Still an institutional relationship, not a personal one
- Parent must have capacity to appoint them via EPOA, or they can be appointed by a tribunal
This option makes sense for high-value or complex estates where no family member has the financial literacy or time to manage the assets, and where the parent's wealth justifies the professional fees.
3. Co-Attorney or Nominated Backup Arrangement
Some families use a hybrid structure: appointing a family member as primary attorney with a professional (solicitor or accountant) as a co-attorney or backup. The family member handles day-to-day decisions, and the professional handles property transactions, investment management, or tax-related matters.
This works well when the family member is trustworthy but not financially sophisticated, or when the estate includes assets that require professional management (self-managed super funds, rental properties, share portfolios). The professional's fees depend on the engagement and the matters they handle.
When the Public Trustee May Become Involved
There are situations where a state-appointed trustee or guardian may be chosen:
- No one else is willing or suitable. If there's no family member or friend who can take on the role — or if the only available people have conflicts of interest, financial problems, or a history of elder abuse — a tribunal may appoint a state trustee or guardian.
- The parent has already lost capacity without executing an EPOA. Once capacity is gone, the parent can't appoint anyone. A tribunal (NCAT, VCAT, QCAT, SAT) appoints a guardian and/or administrator. The tribunal will consider family members first, but if there's conflict or concern about suitability, the Public Trustee may be appointed.
- Active family conflict. If siblings are in open dispute about care decisions or financial management, a tribunal may appoint the Public Trustee as a neutral party. This is the outcome families want to avoid, because it removes all family control.
Many of these scenarios can be avoided by setting up a private EPOA while the parent has capacity. Where no suitable person exists or conflict remains, tribunal oversight may still be needed. The cost of prevention — whether a free DIY process with state forms or a complete toolkit — is trivially small compared to years of Public Trustee commissions.
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The Timing Factor
The critical difference between a private EPOA and the Public Trustee is when you act. A private EPOA requires the parent to have legal capacity — they must understand what they're signing and who they're appointing. The Public Trustee gets involved when that window has already closed.
If your parent is currently of sound mind, even if they're aging or have an early diagnosis of cognitive decline, you can set up a private EPOA right now. If they've already lost capacity, the tribunal path is your only option, and the Public Trustee is a likely outcome if the family can't agree on a private appointment.
Who This Is For
- Families who want to keep decision-making within the family rather than handing it to a government body
- Adult children whose parent is still capable of signing legal documents but hasn't yet executed an EPOA
- Anyone who's seen the Public Trustee's commission structure and wants to preserve the parent's estate for their care
- Families with a willing, trustworthy member who can act as attorney
Who This Is NOT For
- Parents who genuinely have no trusted person available to act as attorney — the Public Trustee exists for a reason
- Situations where the appointed family member has a history of financial mismanagement or conflict of interest
- Families where active sibling disputes make a neutral third party the safer choice
Frequently Asked Questions
Can I remove the Public Trustee once they've been appointed?
If the Public Trustee was appointed by a tribunal, you can apply to the same tribunal to have them replaced — but you need to demonstrate that a suitable alternative is available and that the change serves the parent's best interests. If the parent regains capacity, ask the tribunal how the order can be reviewed; do not assume the former appointment can be revoked directly.
Is the Public Trustee free for pensioners?
Setup is often free or heavily subsidised for full pensioners. But the ongoing management fees and estate commissions still apply. "Free to start" does not mean "free to run." Over several years of management, the cumulative cost can reach tens of thousands of dollars.
What if my parent only needs help with finances, not personal decisions?
You can set up an EPOA for financial matters only and leave personal/health decisions to the existing legal fallback hierarchy (which varies by state — in NSW, for example, the "person responsible" hierarchy determines who consents to medical treatment when no guardian is appointed). But most families benefit from executing both instruments while the parent has capacity, because the need for personal decision-making authority often arises unexpectedly during a hospital admission or aged care placement.
How do I prevent a sibling from having the Public Trustee appointed?
Execute a valid EPOA naming your preferred attorney while the parent has capacity. A validly executed EPOA generally takes precedence over a tribunal appointment. If a sibling later applies to the tribunal to have the attorney removed, they need to demonstrate that the attorney is acting improperly — not just that they disagree with the appointment.
The Enduring Power of Attorney and Guardianship Toolkit walks you through the private EPOA process from start to finish — document selection, state-specific witnessing, registration, and enforcement — so you can keep decision-making in your family instead of the Public Trustee's office.
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