Power of Attorney

What is a power of attorney template in Australia?

A power of attorney is a legally binding document that allows one person to appoint another person to make decisions on their behalf. The authorities and powers granted under a power of attorney template can relate to financial, legal, property, or personal matters, depending on the type of authority provided.

The parties involved in a general power of attorney template are:

• A principle. This is a person who appoints a representative. A principal should be at least 18 years old and have a legal capacity (that is, be of sound mind).
• An attorney. This is a corporate entity or individual who is given certain powers to represent the principal under the power of attorney. Australian law does not impose any particular requirements for individuals to be appointed as an attorney.

The document’s purpose is to define the scope of powers granted, any applicable limitations, and the identification details of both the principal and the attorney.

Who should use this power of attorney form template?

This document could be a helpful legal tool for:

• individuals wishing to appoint an attorney in case of a medical emergency or serious injury;
• individuals appointing a representative to manage specific transactions on their behalf;
• individuals travelling overseas who need someone to manage their affairs while they are away;
• individuals hiring a representative to act for them in court proceedings or administrative hearings.

What are the types of power of attorney template in Australia?

There is no single uniform classification of powers of attorney in Australia, as they are generally categorised in different ways:

By Scope of Powers

A power of attorney template Australia could be general, particular and medical. A general power of attorney grants broad authority to the attorney to deal with various matters on behalf of the principal. It often does not list any specific powers but simply states “to do on my behalf anything I may lawfully do”.

On the other hand, a particular power of attorney grants a specific authority to the attorney, for example:

• to open a bank account;
• to sell the real estate;
• to submit papers to the court;
• to receive mail correspondence, etc.

By Duration

An Australian power of attorney may operate:

• for an indefinite period of time, until revoked or the principal loses their mental capacity;
• for the duration of a specific task;
• between specific dates (for example, from 1st March to 20th March);
• while the principal is overseas.

What should be included in a power of attorney template?

The exact list of requirements varies significantly by the applicable state and territory legislation. However, a typical power of attorney in Australia should have the following mandatory elements:

• Principle Details. The document must reflect the full name and current residential address of the principal.
• Attorney Details. Every power of attorney should reflect the full name and residential address of each attorney to be appointed. If several attorneys are listed in the document, the principal must specify whether they are to act jointly, severally (independently), or jointly and severally.
• Scope of Powers. Whether it is a general, particular or medical power of attorney template, the document should clearly define the type and scope of authority granted.
• Limitations. This option allows the principal to impose certain restrictions on authorities granted. For example, if the attorney is authorised to sell real estate, the principal may set a minimum sale price.
• Date and Signature. The document should be dated and signed by the principal in the presence of one or several witnesses, depending on the state or territory.

State and Territory Requirements for Power of Attorney

The process of signing and executing the power of attorney differs state by state.

New South Wales

Execution of power of attorney template Australia is subject to several important requirements:

• Registration. If the principal delegate any powers that may affect the principal’s real estate, including sale-purchase transactions, this power of attorney must be registered with the Land and Property Information Register.
• Witnesses. The document should be signed by a principal in the presence of at least one witness.
• Limitations & Signing Instructions. A general power of attorney in the state of New South Wales can be used for banking, financial, real estate, wealth management and other matters. However, the document cannot be used to adopt medical decisions on behalf of the person. To do so, a separate enduring power of attorney template NSW should be used instead.

Australian Capital Territory

Signing this power of attorney form template in the Australian Capital Territory is also subject to specific requirements:

• Registration. In general, registration of the power of attorney is not required, unless the power of attorney deals with the real estate, including land, in which case it should be registered with the Registrar-General’s Office.
• Witnesses. This power of attorney should be signed by at least two witnesses. Legislation of the Australian Capital Territory allows one witness to be a principal’s relative, provided they are above 18 years of age.
• Limitations & Signing Instructions. It is possible to direct another person to sign this document at the principal’s direction. However, that person cannot be the appointed attorney.

Victoria

The present power of attorney Victoria template should comply with additional requirements:

• Registration. This document must be registered with the Registrar-General Office.
• Witnesses. A person must be witnessed by an authorised person, such as a commissioner for oaths, a member of the Legislative Assembly, a legal practitioner, a member of the police force, a notary public and any other person approved by the registrar-general.
• Limitations & Signing Instructions. A specimen signature of the attorney should be attached to this power of attorney. This document can also be customised as an enduring or medical power of attorney template, which means that the document remains in force even if the principal loses their mental capacity.

Northern Territory

Execution of the power of attorney in the Northern Territory is subject to the following:

• Registration. This document requires further registration with the Registrar-General Office.
• Witnesses. At least two witnesses above 18 years old should sign this document to witness the principal’s signature. Apart from a witness’s full name and address, their occupation should also be stated in the text of the power of attorney. Same as in the state of Victoria, the witness could be a limited number of individuals, including a commissioner for oaths, a legal practitioner, a notary public, etc.
• Limitations & Signing Instructions. The signed power of attorney form template should be accompanied by a specimen of each attorney’s signature.

Tasmania

When preparing a power of attorney template in Tasmania, the following applies:

• Registration. This document should be further registered with the local registration office to become a valid document.
• Witnesses. The principal’s signature shall be witnessed by at least one witness.
• Limitations & Signing Instructions. The power of attorney in Tasmania could be of two different types – general and particular. A general type grants broad authorities to the attorney to act lawfully on the principal’s behalf. Contrary to that, a particular power of attorney is issued for a specific transaction. For example, to sell a house or to purchase stocks.

Queensland, South Australia and Western Australia

The present template cannot be used for particular or general power of attorney QLD (Queensland), South Australia or Western Australia. In those states only the approved templates available from the relevant government authority must be used.

How to customise this power of attorney template with FasterDraft?

To get a fully customisable document template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – power of attorney template Australia PDF or Word.
4. E-sign online.
5. Make a payment.

Your fully customisable power of attorney is ready for instant download immediately after the purchase.