We have compiled a list of the most frequently asked questions about enduring powers of attorney. If you have any further questions please contact your nearest Public Trustee branch or call 1800 068 784.
Enduring Power of Attorney FAQs
If you are not able to manage your finances, what happens depends on who you have chosen as your attorney.
If you chose the Public Trustee, we will start helping once we are told you need support and your doctor confirms this. If the document has not been registered, we can usually arrange registration so we can act for you.
If you chose a family member or friend, they will need to locate the document. If the document has not been registered, they will need to arrange registration with the Land Titles Office. This involves completing forms and paying a fee.
If your document is held by the Public Trustee, your attorney will need to make an appointment to collect it and provide any required information, such as identification and confirmation from your doctor that you have lost decision-making capacity.
An Enduring Power of Attorney is a legal document that allows you to choose someone you trust to make financial decisions for you while you are alive. This person is called your attorney.
This means they can help manage your money, pay bills, or make decisions about your property when needed.
An Enduring Power of Attorney is important if you become unwell, have an accident, or lose the ability to make decisions. It can also be useful if you no longer want to manage these responsibilities yourself.
Having this document in place helps protect your interests and makes things easier for your loved ones.
Now! The time to prepare an enduring power of attorney is when you are healthy, aware and in control. It is designed to help you when you are unable to act for yourself. If you don’t have a formal arrangement already in place and you have a serious accident or become unwell, it can be very difficult to then appoint someone to act on your behalf.
Situations can arise when you need someone to manage your financial affairs. For example, declining health, accidents or illness and the onset of age-related disabilities, may diminish your capacity to make clear decisions about your financial affairs.
Preparing an enduring power of attorney ensures you protect yourself, those closest to you, and your property. Exercise your right to choose an attorney whilst you have the capacity to do so.
If your decision-making ability is impaired, you may not be able to operate a bank account, pay bills, sell property, complete your tax return, manage your investments, or deal with any of your financial affairs.
As a rule of thumb, all you need to bring along when you make an enduring power of attorney appointment is:
- current proof of identity such as a driver’s license or passport;
- reading glasses if you need them;
- a list of your assets;
- details of who you wish to appoint as your attorney, including their full names (correct spelling) and address.
Choose an adult you trust. This could be a family member, a friend, or the Public Trustee. Your attorney must agree to take on the role and sign the document.
You can appoint more than one attorney if you choose.
An attorney manages your financial decisions if you cannot. This may include:
- managing bank accounts and paying bills
- handling property and investments
- managing tax matters
- dealing with government and other organisations
Your attorney must act in your best interests, follow your wishes where possible, keep clear records, and keep your finances separate from their own.
The role can be complex and time‑consuming, so it’s important to choose someone who is reliable and organised.
Choosing the Public Trustee as your attorney gives you peace of mind that your financial affairs will be managed professionally and reliably.
We are always available to act for you. You will have a dedicated account manager, supported by a team of experienced professionals, including accountants and legal specialists. Together, we make independent decisions in your best interests and ensure everything is handled carefully and efficiently.
An Enduring Power of Attorney can be used once it is registered with the Land Titles Office and the registration fee is paid.
You or your attorney can arrange for it to be registered when it is needed.
Until then, you stay in full control of your financial decisions. Having this document in place means support is ready if your situation changes, giving you peace of mind.
If you still have decision‑making ability but would like help, you can choose to start using your Enduring Power of Attorney at any time.
Sometimes people wish to activate their enduring power of attorney in order to free up their time or to assist them during certain periods, for example: while they are unwell or overseas. This can include the collection of income to cover the cost of bills, property maintenance and management, and processing health fund accounts. If you have appointed us as your attorney, simply let us know that you no longer wish to handle your financial affairs. We will then arrange for your enduring power of attorney document to be registered with the Land Titles Office and begin to act.
If you have appointed the Public Trustee as your substitute attorney, you will need to collect your enduring power of attorney document from our office. If you are unable to personally collect the power of attorney document, please contact our office.
People wanting to use an enduring power of attorney executed under the laws of another jurisdiction and/or registered in another State or Territory in Tasmania, need to seek legal advice as to whether or not it is recognised under the Act or if it needs to be registered under the Act.
Part 6 of the Act deals with ‘foreign’ powers of attorney.
To avoid complications, it is highly recommended to create your Enduring Power of Attorney in the State you reside in.
