Enduring Power of Attorney Checklist Australia — Documents You Need

Before You Start: What You Actually Need

Setting up an enduring power of attorney in Australia is not a single-form exercise. You need specific documents gathered, decisions made, and witnesses arranged before the signing appointment. Missing any of these stalls the process — and if your parent's capacity is declining, delays can close the window entirely.

This checklist covers what to prepare regardless of which state or territory you are in. State-specific variations are noted where they matter.

Personal Identification Documents

Both the principal (your parent) and the appointed attorney (you, or whoever is being appointed) need:

• Government-issued photo ID — a current driver's licence or passport for each person. Witnesses and banks will ask to sight these during execution and registration.
• Medicare card — useful for the capacity assessment appointment if your GP bulk-bills.
• Proof of address — a utility bill or rates notice in the principal's name. Some land registries require this when you later register the EPOA for property transactions.

Information You Need to Have Decided

The EPOA form itself asks for several decisions that families often have not discussed beforehand. Sort these out before the signing day:

• Who will be the attorney(s)? One person, or multiple? If multiple, will they act jointly (every decision requires all attorneys to agree) or jointly and severally (any one attorney can act alone)?
• Will you appoint an alternate attorney? If the primary attorney dies, loses capacity, or resigns, an alternate can step in without a tribunal application.
• When does the power activate? In most states, you can choose: immediately on signing, on a specific trigger event, or only when the principal loses capacity. The "only on loss of capacity" option is the most common choice, but it means you will need a medical opinion confirming incapacity before you can act.
• Are there any restrictions? The principal can limit what the attorney is allowed to do — for example, prohibiting the sale of the family home, or capping investment changes above a certain threshold.
• Financial powers, personal powers, or both? In Queensland and the ACT, a single EPOA can cover both. In NSW, Victoria, Western Australia, Tasmania, and SA, financial and personal/medical decisions require separate instruments.

The Capacity Assessment

If your parent has any diagnosis involving cognition — early-stage dementia, mild cognitive impairment, recent stroke — get a formal capacity assessment before the signing appointment. This is not legally required in every state, but it protects the document from future challenges.

You need:

• A GP or specialist appointment — book a longer consultation (at least 30 minutes). Standard 10-minute appointments are not enough for a proper assessment.
• The clinician's written report — ask the doctor to specifically address whether your parent can understand the nature and effect of the EPOA, retain relevant information, weigh the consequences, and communicate a decision. A one-line "patient has capacity" letter is weak evidence if someone later disputes the document.

Private specialist assessments (geriatrician or neuropsychologist) typically cost $800 to $1,500. A standard GP visit may be bulk-billed under Medicare.

The Correct State Form

Each state and territory has its own prescribed form. Using the wrong state's form voids the document. Here is what you need:

Download forms from your state's Public Trustee or Attorney-General website — not from generic template sites, which may carry outdated versions.

Witness Arrangements

This is where most DIY attempts fail. Every state has specific rules about who can witness the signing, and getting it wrong invalidates the entire document.

• NSW — one prescribed witness (solicitor, barrister, court registrar, or licensed conveyancer) who must sign a certificate
• VIC — two adult witnesses; one must be a medical practitioner or authorised affidavit witness; relatives and carers are disqualified
• QLD — one eligible witness (JP, Commissioner for Declarations, solicitor, or notary public) who certifies the principal's apparent capacity
• WA — two independent witnesses
• SA — one authorised witness (JP, lawyer, or proclaimed police officer)
• TAS — two independent adult witnesses who are not parties to the document or related to a party
• ACT — two adult witnesses; at least one must be an authorised witness (lawyer, doctor, pharmacist, or police officer)
• NT — one authorised witness (JP, Commissioner for Oaths, solicitor, or police officer)

Book the witness before the signing day. JPs are free but you may need to book weeks ahead. A solicitor charges $50–$150 for witnessing.

Registration Documents (If Property Is Involved)

If your parent owns real property and the attorney may need to sell or mortgage it to fund aged care, you will need to register the EPOA with the state land titles office. In Tasmania, registration is mandatory before the EPOA has any legal effect at all.

Prepare:

• The original signed EPOA (registries require the original, not a photocopy, in most states)
• The state's lodgement form — NSW Form 09GP, QLD Form 16, WA Landgate Application Form, SA EPA Lodgement Form
• Registration fee — ranges from $127 (ACT) to $232 (QLD) depending on the jurisdiction

Bank Registration Documents

After the EPOA is signed and witnessed, you will need to register it with your parent's bank to access their accounts. Each major bank has its own process, but you will generally need:

• Certified copy of the signed EPOA — certified by a JP, solicitor, or the witness who saw the signing
• Your photo ID — passport or driver's licence
• The bank's own POA registration form — most major banks (CBA, Westpac, ANZ, NAB) have their own internal forms that must be completed alongside the legal EPOA

Allow 5–10 business days for the bank to process the registration. Some banks require an in-branch appointment; others accept postal lodgement.

The Complete Pre-Signing Checklist

Before you book the signing appointment, confirm you have:

• [ ] Photo ID for the principal and every attorney
• [ ] The correct state-specific EPOA form (and personal/medical instrument if separate)
• [ ] Attorney appointment decisions made (who, joint vs. several, restrictions)
• [ ] Alternate attorney identified
• [ ] Commencement conditions decided (immediate or on loss of capacity)
• [ ] Capacity assessment booked or completed (if any cognitive concerns exist)
• [ ] Qualified witness booked for signing day
• [ ] Land titles registration form ready (if property transactions are anticipated)

The Enduring Power of Attorney and Guardianship toolkit includes state-by-state execution checklists that walk through each of these steps with the specific requirements for your jurisdiction, plus witnessing requirement cards you can hand to your witness on the day.

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