Enduring Power of Attorney checklist — what to prepare and what to bring

An Enduring Power of Attorney (EPOA) is one of the most important legal documents an older Australian can have — and one of the most frequently left too late. This guide walks you through exactly what to prepare before you see a solicitor, what happens on the day, and what to do after signing.

Unlike a regular Power of Attorney, an Enduring Power of Attorney continues to operate after the person who granted it loses legal capacity. This is the crucial distinction: a regular POA becomes useless the moment it's most needed. An enduring POA stays in force throughout — including through cognitive decline, hospitalisation, and end of life.

Financial vs personal/health POA — do you need both?

There are two distinct types of enduring POA in Australia, and they cover different areas of decision-making:

• Enduring Power of Attorney (financial): covers bank accounts, investments, property, paying bills, managing superannuation, and all financial decisions. This is what most people mean when they say "Power of Attorney."
• Enduring Guardian / Medical POA (personal and health): covers healthcare decisions, medical treatment, living arrangements, and lifestyle choices — including whether to consent to medical procedures or withdraw treatment. Called different things in different states (Enduring Guardian in NSW and SA, Medical Enduring Power of Attorney in WA, etc.).

Before you see the solicitor — preparation checklist

Going prepared saves time and reduces the chance of having to come back with missing information.

• Full legal name of the person granting the POA — as it appears on their passport or birth certificate
• Attorney name and contact details — full legal name, address, and phone number of the person(s) who will act as attorney
• Single or multiple attorneys? If more than one, decide whether they act jointly (must agree on everything) or severally (can act independently)
• Financial POA, personal/health POA, or both? It's strongly recommended to do both at the same appointment
• Conditions or limitations — are there any restrictions on what the attorney can and cannot do? (Most people grant broad authority with no restrictions)
• When does it start? Immediately upon signing, or only upon loss of capacity? Most POAs start immediately but are rarely used until needed
• Certified ID for both parties — passport, driver's licence, or other photo ID
• Medicare card for both parties
• Existing wills or legal documents — bring any existing wills, previous POA documents, or other relevant legal papers so the solicitor can ensure consistency

What the solicitor will do

A solicitor's role is not just to complete paperwork — they are legally required to confirm that the person granting the POA has legal capacity to do so, understands what they are signing, and is not under duress. This is an important safeguard, not a formality.

The solicitor will:

• Confirm the person's identity and legal capacity
• Explain the document clearly in plain language
• Confirm the appointment is voluntary
• Prepare the legal documents and ensure proper witnessing
• Provide certified copies

Typical cost: $300–$600 for both financial POA and enduring guardianship together. Public trustee offices offer this service for lower or no cost — see the state-by-state list below.

After signing — what to do next

• Give a certified copy to your GP — they need to know who is authorised to make medical decisions
• Give a certified copy to your bank — each bank has a process for registering a POA. Do this before it's needed
• Give a certified copy to My Aged Care — so the attorney can be authorised to communicate on the person's behalf
• Store the original safely — fireproof safe at home, or with the solicitor who prepared it
• Tell the attorney where the original is — they need to find it quickly if the time comes
• Add a link to your HeyAggy Documents tab — so it's findable from your aged care plan dashboard
• Register if required — Queensland, South Australia, and Western Australia have registration requirements or options. Ask your solicitor

State-by-state free government forms