Power of Attorney in Australian Capital Territory
Everything you need to know about creating a legally valid Power of Attorney in ACT. Learn about Enduring Power of Attorney, Enduring Power of Attorney (Health Care) / Health Direction, witnessing requirements, and costs.
Quick Facts — POA in ACT
Financial POA Legislation
Powers of Attorney Act 2006 (ACT)
Health/Personal Legislation
Powers of Attorney Act 2006 (ACT) / Medical Treatment (Health Directions) Act 2006 (ACT)
POA Types Available
3 types
Solicitor Cost
$400–$1,100
Types of Power of Attorney in ACT
Australian Capital Territory offers several types of Power of Attorney, each serving a different purpose. Understanding the differences is essential to ensuring your wishes are properly documented and legally enforceable.
General Power of Attorney
authorises your attorney to act on your behalf for financial and legal matters while you have capacity. It ceases upon loss of capacity.
Enduring Power of Attorney
under the Powers of Attorney Act 2006, an enduring POA in the ACT can cover financial matters, personal care matters, and/or health care matters in a single document. Like Queensland, the ACT allows you to combine financial and health powers in one POA.
Health Direction
under the Medical Treatment (Health Directions) Act 2006, a document that records your specific wishes about future medical treatment. This operates alongside (not instead of) an enduring POA that includes health care powers.
Witnessing Requirements in ACT
An Enduring Power of Attorney in the ACT must be signed by the principal and witnessed by a prescribed witness. Prescribed witnesses in the ACT include Australian legal practitioners (solicitors/barristers), Justices of the Peace, and other persons prescribed by regulation. The prescribed witness must certify that they explained the effect of the enduring power of attorney to the principal, the principal appeared to understand the effect of the document, and the principal signed the document voluntarily and without undue influence. The attorney must also sign an acceptance of their appointment, witnessed by a prescribed witness. The ACT's witnessing requirements provide a balance between accessibility and safeguards.
Important: An improperly witnessed Power of Attorney may be invalid. ezyWill provides detailed, ACT-specific witnessing instructions with every POA document to help ensure your document is legally valid.
Can Your Attorney Sell Property in ACT?
Yes, an attorney under an Enduring Power of Attorney in the ACT can sell real property on the principal's behalf, provided the POA grants authority for financial and property matters and does not contain specific restrictions. The attorney must act in the principal's best interests and comply with their duties under the Powers of Attorney Act 2006. For property transactions, the POA will need to be presented to the ACT Land Titles Office, banks, and conveyancers.
How to Revoke a Power of Attorney in ACT
You can revoke an Enduring Power of Attorney in the ACT at any time while you have decision-making capacity. The revocation must be in writing, signed by you, and witnessed by a prescribed witness. You must give written notice of the revocation to each attorney named in the document. If the POA was registered with any institution, notify them as well. The ACT Civil and Administrative Tribunal (ACAT) can also review and revoke a POA on application by an interested party if the attorney is not acting in the principal's best interests.
When Does a Power of Attorney End in ACT?
An Enduring Power of Attorney in the ACT ends when: the principal revokes it (while they have capacity); the principal dies; the attorney dies, becomes bankrupt (for financial matters), or loses decision-making capacity; the attorney resigns; or ACAT revokes the appointment. A general (non-enduring) POA ends when the principal loses capacity. A Health Direction remains in effect until revoked by the person who made it (while they have capacity).
Unique Considerations for ACT
- Like Queensland, the ACT allows financial, personal care, and health care powers to be combined in a single Enduring Power of Attorney document under the Powers of Attorney Act 2006.
- The ACT has a separate Medical Treatment (Health Directions) Act 2006 for recording specific wishes about medical treatment — this is in addition to (not instead of) the health care powers in an enduring POA.
- The Powers of Attorney Act 2006 is relatively modern legislation that includes clear definitions of the duties and obligations of attorneys.
- The ACT is a compact jurisdiction with a single, accessible tribunal (ACAT) for resolving disputes about powers of attorney.
- The ACT requires the attorney to formally accept their appointment in writing, witnessed by a prescribed witness — providing an additional safeguard.
- As a small jurisdiction, the ACT legal community is closely knit, which can make the process of finding a prescribed witness and obtaining legal advice straightforward.
Cost of Power of Attorney in ACT
Creating a Power of Attorney does not have to be expensive. Here is how ezyWill compares to a traditional solicitor in Australian Capital Territory.
Traditional Solicitor
$400–$1,100
Per document, plus revision fees
ezyWill
$99
State-specific POA + Digital Vault
How to Create Your Power of Attorney in ACT
Creating your Power of Attorney with ezyWill is straightforward. Our guided process ensures your document complies with Powers of Attorney Act 2006 (ACT) and includes all the necessary provisions for Australian Capital Territory.
Sign Up Free
Create your free ezyWill account. No credit card required to get started.
Answer Guided Questions
Our plain-English questionnaire walks you through appointing your attorney, setting powers, and specifying any conditions or limitations — all tailored to ACT requirements.
Download Your POA
Review your professionally formatted Power of Attorney document, generated in full compliance with the Powers of Attorney Act 2006 (ACT). Download as a PDF.
Sign with Required Witnesses
Print your POA, sign it, and have it witnessed according to ACT's specific requirements. ezyWill provides detailed witnessing instructions to ensure validity.
Frequently Asked Questions — Power of Attorney in ACT
Can a power of attorney sell property in the ACT?
Yes, an attorney acting under an Enduring Power of Attorney in the ACT can sell real property, provided the POA grants authority for financial and property matters and does not specifically restrict property sales. The attorney must act in your best interests and comply with their duties under the Powers of Attorney Act 2006. The POA will need to be presented to the ACT Land Titles Office, banks, and conveyancers for the transaction to proceed.
How do I get an enduring power of attorney in the ACT?
To create an Enduring Power of Attorney in the ACT under the Powers of Attorney Act 2006, you must be at least 18 years old and have decision-making capacity. The document must be signed by you and witnessed by a prescribed witness (such as a solicitor, barrister, or Justice of the Peace). The witness must certify that they explained the effect of the document and you appeared to understand it. Your attorney must also sign an acceptance witnessed by a prescribed witness. With ezyWill, you can create your ACT Enduring Power of Attorney online in under 20 minutes — our platform generates the correct ACT-compliant document.
Can I combine financial and health powers in one POA in the ACT?
Yes. The ACT is one of only two Australian jurisdictions (along with Queensland) that allows you to combine financial, personal care, and health care powers in a single Enduring Power of Attorney document. This means you do not need separate documents for financial and health decisions. You can appoint the same attorney for all matters, or different attorneys for different types of decisions. You can also create a separate Health Direction under the Medical Treatment (Health Directions) Act 2006 to record specific wishes about medical treatment.
How much does a power of attorney cost in the ACT?
A solicitor in the ACT typically charges $400–$1,100 for an Enduring Power of Attorney. Because the ACT allows you to combine financial, personal, and health care powers in a single document, you may save compared to states that require separate documents. With ezyWill, you can create your ACT Enduring Power of Attorney for $99, including state-specific documentation covering all types of powers, witnessing instructions, and secure Digital Vault storage.
How do I revoke a power of attorney in the ACT?
To revoke an Enduring Power of Attorney in the ACT, you must have decision-making capacity. The revocation must be in writing, signed by you, and witnessed by a prescribed witness. Give written notice to each attorney named in the document and to any institutions that hold a copy. If you are concerned about your attorney's conduct and cannot revoke the POA yourself, an interested party can apply to ACAT (the ACT Civil and Administrative Tribunal) for a review.
What is a health direction in the ACT?
A Health Direction is a document made under the Medical Treatment (Health Directions) Act 2006 (ACT) that records your specific wishes about future medical treatment. Unlike the health care component of an Enduring POA (which appoints someone to make decisions for you), a Health Direction is a direct statement of your own wishes about treatment — for example, specifying which treatments you consent to or refuse in particular circumstances. It operates alongside your Enduring Power of Attorney and provides additional guidance for your attorney and health care providers.
Create Your ACT Power of Attorney Today
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