Enduring powers of attorney

Many people expect that their family and friends will step in and support them in future if their circumstances change and they need increased support and/or assistance with decision-making. In most situations this kind of informal support is enough to manage day-to-day affairs. However, significant decisions may require a source of formal authority for someone to make a decision on your behalf if you’ve lost capacity to do so yourself.

Depending on your circumstances, the following may assist you to plan ahead and ensure you are in control of financial decisions about your life and who will assist you with decision-making should the need arise.

For personal and lifestyle decision-making, further information is available on the enduring guardianship web page.

What is an enduring power of attorney?

A power of attorney is a legal instrument that allows you to appoint another person to make legal and financial decisions on your behalf. An enduring power of attorney gives your attorney authority to make these decisions if you lose capacity as a result of a disability or illness.

An enduring power of attorney gives you control over who manages your finances and property if you lose capacity for decision-making in future.

How do I appoint an enduring power of attorney?

You can appoint an attorney under an enduring power of attorney instrument. To do this, you must complete and register an enduring power of attorney instrument via the Land Titles Office of Tasmania and pay the applicable fee.

Further information

The Australian Guardianship and Administration Council (AGAC) has published the 'You Decide Who Decides' guide as a helpful resource empowering you to decide whether making an enduring power for financial matters is right for you. This resource is available via the Tasmanian Public Trustee's website.

Legal Aid Tasmania has also developed an Enduring Power of Attorney fact sheet that is available from their website.

Power of attorney forms are located on the Department of Primary Industry, Parks Water and Environment (DPIPWE) website.

Updated: 2nd August 2022