Enduring Power of Attorney (ACT)

An Enduring Power of Attorney can be used to give an attorney the authority to act on your behalf even if you lose your mental capacity to manage your own affairs.

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Last updated January 15, 2025

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Suitable for Australia

Enduring Power of Attorney (ACT)

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What is a enduring power of attorney (act)?

An enduring power of attorney (ACT) is a legal document that authorises someone to manage your financial and legal affairs, even if you lose mental capacity.
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When should you use a enduring power of attorney (act)?

Use this document if you want someone to manage your affairs now or in the future, including if you become unable to make decisions yourself due to loss of mental capacity.
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What should be in a enduring power of attorney (act)?

It should include the principal’s details, attorney’s details, scope of powers granted, signatures, and proper witnessing as required by ACT law.
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Frequently asked questions

What is a enduring power of attorney (act)?

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When should you use a enduring power of attorney (act)?

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What should be in a enduring power of attorney (act)?

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Who can be appointed as an attorney?

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What are the main risks and protections?

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How must this document be signed and witnessed?

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What should you do after completing the document?

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View Sample Enduring Power of Attorney (ACT)

Enduring Power of Attorney (ACT)
risk level indicator at High level

The Legal Risk Score of a Enduring Power of Attorney (ACT) Template is High

Our legal team have marked this document as high risk considering:

  • It takes control of important decisions away from the principal.
  • It places a high liability risk on the attorney.
  • There are specific execution and drafting requirements, with little room for error when completing the document.

Articles about Enduring Power of Attorney (ACT)

Differences Between Enduring Guardian & Power of Attorney
By Laura Worrad|Nov 27, 2025

Differences Between Enduring Guardian & Power of Attorney

You may have heard the phrases Enduring Guardian and Power of Attorney thrown around in conversation. But what do they mean? Read our guide to find out.

Difference Between a General and Enduring Power of Attorney (2025 Update)
By Ryan Van|Jan 6, 2025

Difference Between a General and Enduring Power of Attorney (2025 Update)

The difference between General & Enduring POAs is that the latter can still make decisions for you after you've lost the capacity. Read why.

What Does Power of Attorney Mean? (2025 Update)
By Dominic Woolrych|Jan 7, 2025

What Does Power of Attorney Mean? (2025 Update)

Are you concerned about your interests if you lose capacity? Learn how to protect your interests through a Power of Attorney here.

How To Revoke a Power of Attorney
By Andrew Huynh|May 11, 2020

How To Revoke a Power of Attorney

There may be times when you wish to revoke an appointed Power of Attorney (POA). Find out how revoke a Power of Attorney here.

Enduring Guardians: All you need to know
By Lachlan Ward|Mar 24, 2019

Enduring Guardians: All you need to know

Concerned about protecting yourself if you lose capacity? Find out all you need to know about enduring guardians and their functions here.

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The Lawpath Blog

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Wills vs Testamentary Trusts: Key Differences
By Alistair Maclennan|Dec 5, 2025

Wills vs Testamentary Trusts: Key Differences

Using a testamentary trust in your will can change the legal ownership of the assets making up your estate when you pass away. Find out more here.

Who Can Witness a Power of Attorney Document?
By Edwin Montoya Zorrilla|May 28, 2025

Who Can Witness a Power of Attorney Document?

Different Australian States and Territories have different requirements when it comes to witnessing a Power of Attorney (POA). Find out what they are here.

How Do I Appoint a Power of Attorney? (2025 Update)
By Dominic Woolrych|May 14, 2025

How Do I Appoint a Power of Attorney? (2025 Update)

You can appoint a Power of Attorney (PoA) by completing a form, signing it and having it witnessed. Find out more here.

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