Power of Attorney in Australia: What You Need to Know

Last Updated: September 29, 2026

A power of attorney is an important part of financial and estate planning, particularly if you want someone you trust to be able to manage your financial affairs if you become unable to do so yourself.

However, a power of attorney is a legal document, and the rules governing these documents differ between Australian states and territories.

Veyron Wealth Group does not prepare powers of attorney or provide legal advice. Your solicitor or other appropriately qualified legal professional should advise you on the appropriate document, who should be appointed and the legal requirements that apply to your circumstances.

Our role is to help you understand where a power of attorney fits within your broader financial plan and identify issues you may wish to discuss with your lawyer.

What Is a Power of Attorney?

A power of attorney is a legal arrangement that allows another person to make certain decisions or deal with financial matters on your behalf.

The authority given to an attorney depends on the type of document and the powers granted.

Depending on your circumstances, you may need to consider arrangements covering matters such as:

A power of attorney is different from arrangements dealing with medical or personal decisions, which are governed by separate laws and documents that vary between jurisdictions.

This is why it is important not to assume that one document covers every type of decision.

General and Enduring Powers of Attorney

One of the important distinctions to discuss with your solicitor is the difference between a general power of attorney and an enduring power of attorney.

General Power of Attorney

A general power of attorney generally gives another person authority to act on your behalf for particular purposes or during a specified period.

It generally ceases to operate if you lose decision-making capacity.

It may therefore be appropriate for a particular transaction or temporary arrangement, depending on your circumstances.

Enduring Power of Attorney

An enduring power of attorney is designed to continue despite the loss of decision-making capacity, subject to the relevant legislation and the terms of the document.

This can make it an important part of planning for the possibility that you may become unable to manage your own financial affairs.

The terminology, requirements and powers available vary between states and territories.

The important point: do not simply download a generic form and assume it is appropriate. Discuss your circumstances with a solicitor who can advise you on the document that applies in your jurisdiction..

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Why Does a Power of Attorney Matter to Your Financial Plan?

A financial plan can be designed around your ability to make decisions today.

But good planning should also consider what happens if that changes.

For example, you may have:

If you become unable to manage these affairs, someone may need legal authority to act on your behalf.

Without appropriate arrangements in place, your family may need to seek another legal mechanism for someone to be appointed to manage your affairs.

The process and terminology vary between jurisdictions, which is another reason to put arrangements in place before they are needed.

Choosing Someone to Act on Your Behalf

The choice of attorney is ultimately a personal and legal decision.

Your attorney may have significant authority over your financial affairs, so this is not simply a question of choosing the person closest to you.

Consider discussing the following questions with your solicitor:

There is no requirement that an attorney necessarily be a spouse or family member.

Depending on your circumstances, you may consider another trusted person or, where appropriate, a professional arrangement.

Your solicitor can explain the available options and any restrictions that apply.

What If You Want More Than One Attorney?

It may be possible to appoint more than one attorney, depending on the relevant legislation and the document being used.

You may be able to structure appointments so that attorneys:

Each approach has advantages and disadvantages.

For example, requiring two people to agree can provide an additional level of oversight but may make decision-making more difficult if they disagree or one is unavailable.

Allowing an attorney to act alone can make decisions easier to implement but provides less internal oversight.

This is an area where legal advice is particularly important, because the available options and legal effect depend on your jurisdiction and circumstances.

Think About Potential Conflicts

Choosing an attorney can become more complicated where family relationships, financial interests and estate planning overlap.

For example, an attorney may also be:

This does not necessarily mean the person cannot be appointed.

However, it is worth identifying potential conflicts before making the appointment and discussing them with your solicitor.

For blended families or more complex family circumstances, documenting your broader intentions and ensuring your legal documents are appropriately structured can be particularly important.

Your Power of Attorney and Your Financial Adviser

A power of attorney can interact with your broader financial arrangements.

For example, if an attorney needs to deal with your financial adviser, investment platform or superannuation arrangements, the relevant institution may need evidence of the attorney’s authority.

This is why we encourage clients to consider their power of attorney as part of their broader financial and estate-planning arrangements rather than as an isolated document.

Your financial adviser can help identify the financial arrangements that may need to be considered.

Your solicitor should determine the appropriate legal arrangements.

What About Superannuation?

Superannuation requires particular care.

Your superannuation is held under the rules of the relevant superannuation fund, and the authority provided by a power of attorney does not necessarily mean an attorney can automatically do anything they wish with your superannuation.

Different arrangements may apply depending on:

If you have a substantial superannuation balance or are receiving a pension from super, discuss the interaction between your legal arrangements and your superannuation with both your financial adviser and solicitor.

What About Property?

Property transactions can create additional considerations.

If an attorney may need to deal with property on your behalf, the relevant state or territory land titles authority may have specific requirements.

This can be particularly important if you:

Your solicitor should confirm what documentation and registration requirements apply.

Do not assume that a document prepared for one purpose or jurisdiction will automatically satisfy the requirements of another.

What Happens If You Move Interstate?

Australia does not have one uniform power-of-attorney system.

Each state and territory has its own legislation and processes.

If you move interstate, own property in another state or regularly spend significant periods away from your home state, tell your solicitor.

They can consider whether your existing arrangements remain appropriate and whether additional documentation is required.

This is particularly relevant for people who have financial affairs or property across multiple jurisdictions.

Where Should You Keep Your Documents?

Once your legal documents have been prepared, make sure the relevant people know they exist and know where they can be accessed.

Consider discussing with your solicitor:

There is little value in having carefully prepared documents if nobody knows they exist when they are needed.

A Power of Attorney Is Not a Will

This distinction is particularly important.

A power of attorney generally operates while you are alive and ceases on death.

Your will deals with the distribution of assets that form part of your estate after your death.

Superannuation can operate differently again. Superannuation death benefits are generally dealt with under the superannuation fund’s governing rules and any applicable death benefit nomination or reversionary pension arrangements.

These documents and arrangements should be considered together.

Veyron can help identify the financial and superannuation issues that need to be considered, but wills and other legal estate-planning documents should be prepared and reviewed by an appropriately qualified solicitor or estate-planning lawyer.

When Should You Review Your Arrangements?

Your legal and financial arrangements should be reconsidered when your circumstances change.

For example:

You do not need to wait until something goes wrong before reviewing your arrangements.

Common Mistakes to Avoid

Some common issues worth discussing with your solicitor include:

Choosing someone without considering their ability to manage your affairs

Trust is important, but so are reliability, availability and financial capability.

Assuming your spouse automatically has authority

Being married does not automatically give someone a general legal authority to manage all of your financial affairs if you lose capacity.

Using a generic document

The requirements differ between jurisdictions. A document that appears suitable online may not be appropriate for your circumstances.

Forgetting about property

If property is involved, additional registration or procedural requirements may apply.

Ignoring superannuation

Your superannuation arrangements should be considered alongside your broader legal and financial planning.

Failing to update your arrangements

An attorney who was appropriate ten years ago may no longer be the right person today.

Keeping the document somewhere nobody can access

Your attorney and relevant professional advisers need to know that the document exists and how it can be accessed when required.

Frequently Asked Questions

Does my spouse automatically have power of attorney?

No. Marriage does not automatically give your spouse power of attorney over all of your financial affairs.

If you want someone to have legal authority to act on your behalf, appropriate legal arrangements need to be put in place.

What is the difference between a general and enduring power of attorney?

Broadly, a general power of attorney is generally used for particular purposes or periods and generally does not continue after loss of decision-making capacity.

An enduring power of attorney is designed to continue after loss of capacity, subject to the relevant state or territory legislation and the terms of the document.

Your solicitor can explain which arrangement is appropriate.

Can I appoint my children as attorneys?

Potentially, yes.

However, the decision should be based on trust, capability, availability and your circumstances rather than simply choosing someone because they are a family member.

Consider discussing the decision with your solicitor.

Can I appoint more than one attorney?

Potentially, yes.

The way multiple attorneys are appointed can affect how they must act and what happens if one becomes unavailable.

The available options differ between jurisdictions, so obtain legal advice before deciding how your appointment should be structured.

Does a power of attorney cover my superannuation?

Not necessarily.

Superannuation is subject to the rules of the relevant fund and the applicable superannuation legislation.

If your superannuation represents a significant part of your wealth, consider the interaction between your super arrangements and your power of attorney with your financial adviser and solicitor.

Can Veyron prepare my power of attorney?

No.

Veyron provides financial advice and can help you identify financial and superannuation matters that should be considered as part of your broader planning.

A power of attorney is a legal document, so we recommend that you obtain advice from an appropriately qualified solicitor or other legal professional about preparing and executing it.

How Veyron Can Help

A power of attorney is only one part of a broader financial plan.

At Veyron, we can help you identify the financial arrangements that may need to be considered if you become unable to manage your affairs, including:

We can then work alongside your solicitor so that the financial strategy and legal arrangements are considered together.

Do You Have a Plan If You Can’t Manage Your Finances?

If you have substantial superannuation, investments, property or other financial interests, it is worth understanding what would happen if you could no longer manage them yourself.

Talk to Veyron about reviewing the financial side of your broader estate and incapacity planning.

Get in touch with Veyron →

Your solicitor can then advise you on the appropriate legal documents and requirements for your circumstances.

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General information only. This article is not legal advice or personal financial advice. Power of attorney laws and requirements differ between Australian states and territories and can change over time. Veyron Wealth Group does not prepare powers of attorney or provide legal advice. You should obtain advice from an appropriately qualified legal professional about your circumstances before preparing or signing a power of attorney.

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