Enduring Power of Attorney ACT

One Document Covers Almost Everything

The ACT is one of the few Australian jurisdictions where a single Enduring Power of Attorney can cover financial, property, personal care, health, and even medical research decisions. Under the Powers of Attorney Act 2006, the principal can grant all of these powers in one instrument — no need for separate guardianship or medical decision-maker appointments.

This makes the ACT the simplest jurisdiction for families setting up decision-making authority. Complete one EPOA, and the appointed attorney can manage bank accounts, pay bills, sell property, consent to medical treatment, choose residential care, and make day-to-day lifestyle decisions.

The principal can also choose to limit the EPOA to specific categories. If they only want to grant financial authority, they can exclude personal and health matters. But for most families dealing with an aging parent, full coverage avoids the gaps that trip up families in states like NSW and WA, where separate documents are mandatory.

Witnessing Requirements

An ACT EPOA requires two adult witnesses. At least one must be an "authorised witness" — a lawyer, medical practitioner, pharmacist, or police officer. The other can be any adult who is not disqualified.

Disqualified witnesses include relatives of the principal and the appointed attorneys. Both witnesses must be present at the same time as the principal signs.

The authorised witness must comply with the current ACT EPOA form's witnessing requirements.

Land Registration and ACAT

For everyday financial transactions, the EPOA does not need to be registered. But any transaction involving ACT leasehold land (which is how land tenure works in the ACT — there is almost no freehold) requires registration with the Land Titles Office. The fee ranges from $127.00 to $192.00 (2026/2027 financial year).

If the EPOA is used in certain formal disputes, it may also need to be registered with the ACT Civil & Administrative Tribunal (ACAT) at a cost of $44.

When Capacity Is Lost

If your parent has already lost capacity, the route is an application to ACAT under the Guardianship and Management of Property Act 1991. ACAT applications are free and require a medical capacity assessment report.

ACAT follows the least restrictive approach — making orders only when informal arrangements are insufficient. If no family member is suitable, ACAT appoints the Public Trustee and Guardian.

For the complete ACT process — witnessing checklists, ACAT guidance, and institution registration steps — see our Enduring Power of Attorney and Guardianship in Australia guide.

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