Legal

Power of Attorney — what it is and how to get it free

⏱ 6 min read · Last updated April 2026

General information only. Not financial, legal or medical advice. Your situation is unique — consider speaking with an aged care specialist, financial adviser or your GP before making decisions. Information is current as at April 2026 and may change. Always verify with My Aged Care (myagedcare.gov.au) or Services Australia (servicesaustralia.gov.au) for the most current details.

Power of Attorney is one of the most important legal documents an older Australian can have — and one of the most frequently left until it's too late. This guide explains what it is, why it matters, and how to get it done for free.

The one rule: Power of Attorney must be set up while the person still has legal capacity — while they can understand what they're signing and make decisions for themselves. Once capacity is lost, it cannot be done. There is no workaround. Act now.

What Power of Attorney means

A Power of Attorney (POA) is a legal document that authorises someone you trust — your attorney — to make decisions on your behalf. There are two main types:

Financial POA: gives your attorney authority to manage your finances — bank accounts, property, investments.
Medical/health POA (also called Enduring Guardianship in some states): gives your attorney authority to make healthcare and living arrangement decisions if you cannot make them yourself.

Both should be set up together.

Free government forms by state

Free POA forms — every state

Using a public trustee is free. If you use a solicitor, expect to pay $300–600 for both financial POA and enduring guardianship together.

Who to appoint

Choose someone you trust completely — typically a spouse, adult child, or close friend. They do not need to be in the same state. You can appoint more than one person (joint or separate for different decisions). Think carefully: this person will have significant authority over your finances and health.

Frequently asked questions

What happens if I lose capacity and don't have a POA?

The state or territory Guardianship Tribunal or VCAT (Victoria) appoints a guardian on your behalf. This process takes time, costs money, and the outcome may not be who you would have chosen. It is entirely preventable with a POA.

Can a POA be cancelled?

Yes — while you have legal capacity, you can revoke a POA at any time in writing. An enduring POA continues even after you lose capacity.

Does a POA need to be witnessed?

Yes. Requirements vary by state, but generally a POA must be signed in front of a witness — usually a justice of the peace, solicitor, or medical practitioner. The public trustee offices walk you through this.

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