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EPOA validity — the Australian state-by-state guide

An Enduring Power of Attorney only works if it is valid at the moment it is needed. Rules change with every state border, every marriage, every death of an attorney, and every move interstate. Use this guide to check yours — then track it in STEADCALM so we can warn you before it fails.

Most common failure

The EPOA was signed years ago, the primary attorney has since died or moved overseas, and no substitute was named. When the moment comes, the document is useless.

QLD trap

A Queensland EPOA that isn't registered with Titles Queensland cannot be used to sell or mortgage real property — even if it is otherwise perfectly valid.

Relationship trap

In VIC, QLD, and the ACT, marriage or divorce can automatically revoke all or part of an EPOA — often without the principal realising.

The rules, state by state

New South Wales

NSW

Powers of Attorney Act 2003

Witnessing: Must be witnessed by a prescribed witness (lawyer, registrar, licensed conveyancer, or eligible barrister). The witness must certify the principal understood the effect of the document.
Registration: Not compulsory, but must be registered with NSW Land Registry Services to be used for real property transactions.
Activation: Operative on execution unless the document says otherwise. Continues if the principal loses capacity.
Revocation: Revoked automatically by later inconsistent EPOA. Marriage/divorce does not automatically revoke. Death of principal ends the EPOA.

Victoria

VIC

Powers of Attorney Act 2014

Witnessing: Two adult witnesses; one must be authorised (lawyer, medical practitioner, JP, etc.). Witnesses must certify capacity.
Registration: Not required for validity. Register with Land Use Victoria for real property dealings.
Activation: Financial matters — as specified. Personal matters — only when principal loses decision-making capacity.
Revocation: Automatically revoked by marriage, entering a domestic partnership, or divorce (unless the EPOA says otherwise). Death of an attorney with no substitute may end the appointment.

Queensland

QLD

Powers of Attorney Act 1998

Witnessing: Witnessed by an 'eligible witness' — JP, C.Dec, lawyer or notary public. Attorneys must sign an acceptance.
Registration: MUST be registered with Titles Queensland before an attorney can deal with real property. This catches many families out.
Activation: As specified. If not specified — financial powers begin immediately, personal/health powers begin on loss of capacity.
Revocation: Revoked by marriage (except in favour of new spouse), divorce, or later EPOA. Death of principal ends the EPOA.

Western Australia

Guardianship and Administration Act 1990

Witnessing: Two witnesses, one authorised by the Act (lawyer, JP, doctor, etc.). Both principal and attorney sign.
Registration: Not required. Register with Landgate for real property dealings.
Activation: Operative from the date of execution unless a later date or trigger is specified. Continues through loss of capacity.
Revocation: By written revocation, later inconsistent EPOA, or death. Marriage/divorce does not automatically revoke — but review immediately.

South Australia

Powers of Attorney and Agency Act 1984

Witnessing: One authorised witness (lawyer, JP, etc.). Principal must sign in the presence of the witness.
Registration: Not compulsory. Register with Land Services SA for real estate transactions.
Activation: As specified in the document. Continues after loss of capacity if it is an enduring power.
Revocation: By later inconsistent EPOA, written revocation, or death. Consider revoking after separation.

Tasmania

TAS

Powers of Attorney Act 2000

Witnessing: Two adult witnesses, one being an authorised witness (lawyer, JP, C.Dec, etc.).
Registration: MUST be registered with the Recorder of Titles to be an enduring power that continues after loss of capacity.
Activation: Operative from registration, unless the document specifies later.
Revocation: By later EPOA, written revocation, or principal's death. Marriage does not automatically revoke.

Australian Capital Territory

ACT

Powers of Attorney Act 2006

Witnessing: Two adult witnesses, one being a lawyer, notary, JP or doctor. Attorneys sign an acceptance.
Registration: Not required for validity. Register with Access Canberra for real property dealings.
Activation: As specified. Health-related matters typically activate on loss of decision-making capacity.
Revocation: Automatically revoked by marriage, civil union, or civil partnership (unless the EPOA says otherwise). Divorce/end of relationship revokes the appointment of the ex-partner as attorney.

Northern Territory

Powers of Attorney Act 1980 / Advance Personal Planning Act 2013

Witnessing: One adult witness for financial EPOA (Commissioner for Oaths or JP recommended). Advance Personal Plans require two adult witnesses.
Registration: MUST be registered with the Land Titles Office to deal with land.
Activation: As specified. APP decision-making becomes operative when the maker loses decision-making capacity for the matter.
Revocation: By later EPOA, written revocation, or death. No automatic revocation on marriage under the NT Act — review after relationship change.

Red flags — get advice before you rely on this EPOA

Signed more than 5 years ago and never reviewed
Primary attorney is deceased, incapacitated, or estranged and no substitute named
You have married, divorced, or entered a domestic partnership since it was signed
You moved to another state or territory — different act applies
QLD document not registered with Titles Queensland
Original signed document cannot be located
Witnessing didn't include a prescribed witness for your state
You want it to cover medical decisions but only signed a financial EPOA

Track your EPOA in STEADCALM

The paid dashboard records every EPOA, its state, its attorneys, and its activation and revocation triggers, then warns you the moment a validity risk appears. Your nominated contacts can be granted view-only access so the right people know the right document exists and where it is.

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Educational only — not legal advice. Rules cited are current at the time of publication and vary in practice. Always confirm with an Australian legal practitioner in your state.