Power of Attorney in South Australia
Everything you need to know about creating a legally valid Power of Attorney in SA. Learn about Enduring Power of Attorney, Advance Care Directive, witnessing requirements, and costs.
Quick Facts — POA in SA
Financial POA Legislation
Powers of Attorney and Agency Act 1984 (SA)
Health/Personal Legislation
Advance Care Directives Act 2013 (SA)
POA Types Available
3 types
Solicitor Cost
$350–$1,000
Types of Power of Attorney in SA
South Australia 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
authorises your attorney to manage your financial and legal affairs, and continues to operate after you lose mental capacity. Created under the Powers of Attorney and Agency Act 1984.
Advance Care Directive
under the Advance Care Directives Act 2013, a comprehensive single document that replaces the old medical power of attorney, enduring guardianship, and anticipatory directions. It allows you to appoint a substitute decision-maker for health, residential, and personal decisions AND record your own wishes and instructions about future care, all in one document.
Witnessing Requirements in SA
An Enduring Power of Attorney in South Australia must be witnessed in the same manner as a deed — it must be signed by the principal and witnessed by an independent person who is not a party to the document. For an Advance Care Directive under the Advance Care Directives Act 2013, the witnessing requirements are more specific: the ACD must be witnessed by an authorised witness who holds specific qualifications. Authorised witnesses for ACDs include Justices of the Peace, proclaimed police officers, proclaimed public servants, Australian legal practitioners, and other persons prescribed by regulation. The witness must complete a statutory certification confirming that the principal appeared to understand the nature and effect of the document, signed it freely and voluntarily, and that the witness explained the document to the principal (or the principal received independent advice). SA's ACD witnessing requirements are designed to be accessible while still providing robust safeguards.
Important: An improperly witnessed Power of Attorney may be invalid. ezyWill provides detailed, SA-specific witnessing instructions with every POA document to help ensure your document is legally valid.
Can Your Attorney Sell Property in SA?
Yes, an attorney under an Enduring Power of Attorney in South Australia can sell real property on the principal's behalf, provided the POA document grants the necessary authority and does not include specific restrictions. The attorney must act in the principal's best interests and comply with their fiduciary duties. For property transactions, the POA may need to be lodged with the South Australian Land Titles Office (Land Services SA). Banks and conveyancers will require a certified copy of the POA before processing the transaction.
How to Revoke a Power of Attorney in SA
You can revoke an Enduring Power of Attorney in South Australia at any time while you have mental capacity. The revocation should be in writing and signed by you. Notify all attorneys named in the document and any institutions that hold a copy. If the POA was registered with Land Services SA, notify them as well. An Advance Care Directive can be revoked at any time by the person who made it, provided they have capacity. The South Australian Civil and Administrative Tribunal (SACAT) can review and revoke a POA or ACD if there is evidence of misuse, abuse, or the attorney/substitute decision-maker is not acting in the principal's best interests.
When Does a Power of Attorney End in SA?
An Enduring Power of Attorney in SA ends when: the principal revokes it (while they have capacity); the principal dies; the attorney dies, becomes bankrupt, or loses capacity; the attorney renounces the appointment; or SACAT revokes the appointment. A general (non-enduring) POA ends when the principal loses capacity. An Advance Care Directive remains in effect until revoked by the person who made it (while they have capacity) or replaced by a new ACD.
Unique Considerations for SA
- South Australia has the most modern health directive legislation in Australia — the Advance Care Directives Act 2013 replaced the old system of medical powers of attorney, enduring guardianship, and anticipatory directions with a single comprehensive Advance Care Directive.
- An ACD in SA can include both the appointment of a substitute decision-maker AND a direct record of your wishes about future care — all in one document.
- Financial POA and health/personal decisions are governed by two separate Acts: the Powers of Attorney and Agency Act 1984 (financial) and the Advance Care Directives Act 2013 (health/personal).
- SA was the first state to allow ACDs to address not just medical treatment but also residential and personal matters, creating a truly holistic document.
- SACAT (South Australian Civil and Administrative Tribunal) has jurisdiction to review both powers of attorney and advance care directives.
- South Australia is unique in that marriage does NOT automatically revoke a Will — but this does not apply to POA. You should review your POA after any major life change.
Cost of Power of Attorney in SA
Creating a Power of Attorney does not have to be expensive. Here is how ezyWill compares to a traditional solicitor in South Australia.
Traditional Solicitor
$350–$1,000
Per document, plus revision fees
ezyWill
$99
State-specific POA + Digital Vault
How to Create Your Power of Attorney in SA
Creating your Power of Attorney with ezyWill is straightforward. Our guided process ensures your document complies with Powers of Attorney and Agency Act 1984 (SA) and includes all the necessary provisions for South Australia.
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 SA requirements.
Download Your POA
Review your professionally formatted Power of Attorney document, generated in full compliance with the Powers of Attorney and Agency Act 1984 (SA). Download as a PDF.
Sign with Required Witnesses
Print your POA, sign it, and have it witnessed according to SA's specific requirements. ezyWill provides detailed witnessing instructions to ensure validity.
Frequently Asked Questions — Power of Attorney in SA
Can a power of attorney sell property in South Australia?
Yes, an attorney acting under an Enduring Power of Attorney in South Australia can sell real property on your behalf, provided the POA grants this authority and does not contain specific restrictions. The attorney must act in your best interests and comply with their fiduciary obligations. The POA may need to be lodged with Land Services SA for property transactions, and banks and conveyancers will require a certified copy before proceeding with the sale.
How do I get an enduring power of attorney in South Australia?
To create an Enduring Power of Attorney in South Australia under the Powers of Attorney and Agency Act 1984, you must be at least 18 years old and have mental capacity. The document must be signed by you and witnessed like a deed. For health and personal matters, you should create an Advance Care Directive under the Advance Care Directives Act 2013, which must be witnessed by an authorised witness (such as a JP, lawyer, or prescribed public servant). With ezyWill, you can create your SA Enduring Power of Attorney online in under 20 minutes.
What is an advance care directive in South Australia?
An Advance Care Directive (ACD) under the Advance Care Directives Act 2013 is South Australia's comprehensive health and personal planning document. It replaced the old medical power of attorney, enduring guardianship, and anticipatory directions with a single document. In your ACD, you can appoint one or more substitute decision-makers, record your values and wishes about future health care and living arrangements, and give binding instructions about medical treatment you do or do not want. South Australia's ACD legislation is considered the most modern and comprehensive in Australia.
How much does a power of attorney cost in South Australia?
A solicitor in South Australia typically charges $350–$1,000 for an Enduring Power of Attorney. An Advance Care Directive prepared by a solicitor may cost an additional $250–$600. With ezyWill, you can create your SA Enduring Power of Attorney for $99, including state-specific documentation, witnessing instructions for both the financial POA and ACD, and secure Digital Vault storage.
How do I revoke a power of attorney in South Australia?
To revoke an Enduring Power of Attorney in South Australia, you must have mental capacity. Put the revocation in writing, sign it, and notify all attorneys named in the document. Also notify any banks, institutions, or Land Services SA if the POA was registered. An Advance Care Directive can also be revoked at any time while you have capacity. If there are concerns about misuse, an interested party can apply to SACAT for a review.
Can my advance care directive cover both health and living arrangements in SA?
Yes. This is one of the key strengths of South Australia's Advance Care Directives Act 2013. Your ACD can address medical treatment decisions, residential and accommodation decisions, and personal matters — all in a single document. You can appoint a substitute decision-maker for some or all of these areas, and you can also record your own wishes and instructions directly. This makes the SA ACD one of the most comprehensive planning documents available in any Australian state.
Create Your SA Power of Attorney Today
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