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

Prepare the following for the principal (your parent) and the appointed attorney (you, or whoever is being appointed):

• Government-issued photo ID — a current driver's licence or passport for each person. Banks may ask to sight identification when you register the EPOA.
• 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. Keep this available in case a bank or registry requests it for a later property transaction.

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 form and jurisdiction allow it, decide whether an alternate should be appointed and when that alternate may act. Check whether the alternate must sign an acceptance before exercising authority.
• When does the power activate? Depending on the jurisdiction and instrument, decide whether financial powers begin immediately on signing, on a specified date, or on a formal determination of incapacity.
• 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? Queensland and the ACT can use one EPOA for financial and personal powers. NSW, Western Australia, and Tasmania use separate financial and personal/medical instruments; South Australia uses an EPOA for financial matters and an Advance Care Directive for personal, lifestyle, and healthcare decisions. Victoria uses an EPOA for financial or general personal powers and a separate Medical Treatment Decision Maker appointment for healthcare. The NT uses an Advance Personal Plan.

The Capacity Assessment

If there are cognitive concerns — such as early-stage dementia, mild cognitive impairment, or a recent stroke — consider a formal capacity assessment before the signing appointment. This is not legally required in every state, but it can help document the parent's capacity at signing.

You need:

• A GP or specialist appointment — arrange an assessment with a GP, geriatrician, or neuropsychologist.
• The clinician's written report — ask the clinician 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 brief wellness statement may not address the relevant capacity tests 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 instruments and execution rules. Use the official form for the relevant jurisdiction; an interstate instrument may be recognised in some circumstances, but do not assume a generic form will comply. Here is what you need:

Download forms from the relevant official state or territory government 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 and confirm availability and any fee when you book.

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 or the jurisdiction-approved certified copy (requirements vary by registry)
• 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 may need to register it with your parent's bank to access their accounts. Each major bank has its own process, but you may need:

• Certified copy of the signed EPOA, if requested — certification may be by a JP, solicitor, or another authorised person
• Your photo ID — passport or driver's licence
• The bank's own POA registration form, if required — major banks may have internal forms or policies that apply alongside the legal EPOA

Allow processing time and confirm the bank's current procedure. 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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