Setting Up an Enduring Power of Attorney in Tasmania - What You Need to Know

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

An enduring power of attorney in Tasmania is a legal document that allows someone you trust to make decisions for you when you can't make them yourself due to illness, injury, or loss of mental capacity. Unlike an ordinary power of attorney, an enduring power of attorney continues to operate even after you lose the ability to make decisions - this is what makes it "enduring." Tasmania has specific legal forms and witnessing requirements that must be followed exactly, or your document won't be valid when you need it most. If you're considering setting one up or dealing with problems around an existing enduring power of attorney, getting proper legal advice now can prevent serious complications later.

Do You Need a Lawyer?

You don't legally need a lawyer to create an enduring power of attorney in Tasmania, but the consequences of getting it wrong are severe. If your document isn't properly completed, witnessed, or registered, banks, medical facilities, and government agencies will refuse to recognize it when your family needs access to your finances or health decisions. We see families every week who thought they had valid documents, only to discover critical errors when a parent has a stroke or develops dementia.

You definitely need urgent legal help if someone is misusing an existing enduring power of attorney, if you suspect an attorney isn't acting in the person's best interests, or if institutions are questioning the validity of your document. The Tasmania Civil and Administrative Tribunal can intervene, but you need proper evidence and legal arguments to succeed.

A lawyer ensures your enduring power of attorney meets Tasmania's strict requirements, explains the different types available, helps you choose appropriate attorneys, and sets up safeguards against abuse. Given that this document could control your entire financial future and medical care, professional legal advice is a wise investment.

What Happens Next - The Process

Setting up an enduring power of attorney in Tasmania follows these specific steps:

1. Choose your attorney types: Decide whether you need a financial enduring power of attorney, a personal/health enduring power of attorney, or both. You can appoint different people for each role.
2. Select your attorneys: Choose people you trust completely. Consider appointing joint attorneys (who must agree on decisions) or several attorneys (who can act separately). Name substitute attorneys in case your first choices can't serve.
3. Complete the official Tasmania forms: Use only the prescribed forms from the Department of Justice. Financial powers use one form, personal/health powers use another. Both are available online but must be completed precisely.
4. Arrange proper witnessing: Your signature and your attorney's signatures must be witnessed by an authorized witness - either a lawyer, justice of the peace, commissioner for declarations, or notary public. The witness cannot be your attorney or related to your attorney.
5. Register if required: Financial enduring powers of attorney dealing with real estate must be registered with the Recorder of Titles. Other enduring powers don't require registration but should be stored safely.
6. Distribute copies: Give copies to your attorneys, doctor, bank, and family members. Keep the original in a safe but accessible place.
7. Review regularly: Update your enduring power of attorney if your circumstances change, if your chosen attorneys become unavailable, or if your wishes change.

The entire process typically takes 2-4 weeks if done properly with legal guidance. Rushing this process or cutting corners often results in invalid documents that fail when families need them most.

The Law in Tasmania

Tasmania's enduring powers of attorney are governed by the Powers of Attorney Act 2000 (Tas) and the Guardianship and Administration Act 1995 (Tas). These Acts set out strict requirements that cannot be varied or ignored.

Tasmania recognizes two distinct types of enduring powers of attorney:

Financial Enduring Power of Attorney: Covers money matters, property transactions, business decisions, tax affairs, and legal proceedings. Your attorney can access bank accounts, sell property, make investments, and handle all financial affairs. This power is extremely broad unless you specifically limit it in the document.

Personal/Health Enduring Power of Attorney: Covers medical treatment decisions, aged care choices, where you live, and personal care matters. Your attorney cannot make decisions about life-sustaining treatment unless you specifically authorize this in the document.

Under Section 32 of the Powers of Attorney Act, an enduring power of attorney only becomes "enduring" if it includes specific wording stating that the power continues despite the person's subsequent mental incapacity. The prescribed forms include this wording automatically.

Section 40 requires that both you and your attorney sign the document in front of an authorized witness, who must also sign and include their qualification details. The witness must reasonably believe that you understand the nature and effect of the document.

Attorneys have strict legal duties under Section 47, including acting in your best interests, avoiding conflicts of interest, keeping proper records, and not exceeding their authority. Breaching these duties can result in criminal charges, civil liability, and removal as attorney.

The Tasmania Civil and Administrative Tribunal has power under the Guardianship and Administration Act to review enduring powers of attorney, investigate complaints, and remove attorneys who abuse their position.

Mistakes to Avoid

Using outdated or wrong forms: We regularly see families using forms downloaded from interstate websites or old versions of Tasmania forms. Only current Tasmania Department of Justice forms are valid. Using the wrong form means starting over completely when you discover the error, often during a family crisis.

Improper witnessing arrangements: Having family members, your chosen attorney, or unqualified people witness signatures is the most common error we see. The document becomes completely invalid, and banks or medical facilities will reject it. Some families discover this problem only when their loved one is unconscious in hospital and urgent medical decisions need to be made.

Failing to discuss expectations with chosen attorneys: Many people appoint attorneys without clearly explaining their wishes or confirming the person wants the responsibility. We've seen adult children discover they're named as attorney only when their parent becomes incapacitated, leading to family conflicts and rushed tribunal applications.

Not setting up proper safeguards: Giving unlimited financial power without requiring regular reporting, second signatures for large transactions, or independent oversight creates opportunities for financial abuse. Once money is stolen by a rogue attorney, recovering it through legal action can be difficult and expensive.

Ignoring capacity questions: Completing an enduring power of attorney when someone already has diminished mental capacity makes the document invalid. If there's any doubt about capacity, a medical assessment should be obtained before proceeding. Courts will scrutinize documents made near the time of capacity loss very carefully.

Likely Outcomes and Costs

With proper legal assistance, you'll have a valid enduring power of attorney that financial institutions, medical facilities, and government agencies will accept without question. Your chosen attorneys will understand their responsibilities and limitations, reducing the risk of family disputes or financial abuse.

Legal costs for preparing enduring powers of attorney in Tasmania typically range from $400-$800 for straightforward situations, or $800-$1,500 for complex family situations requiring multiple documents or detailed restrictions. This upfront cost is minimal compared to the potential expense of tribunal applications, family disputes, or financial abuse that can result from improperly prepared documents.

Without legal assistance, you risk creating invalid documents that fail when needed most. Fixing problems with enduring powers of attorney through the Tasmania Civil and Administrative Tribunal costs $280-$1,400 in application fees, plus legal representation costs of $2,000-$10,000 depending on complexity. These proceedings often take 6-12 months, during which family members may need expensive guardianship applications for urgent decisions.

If an attorney misuses their power, recovery action through the Supreme Court of Tasmania can cost $10,000-$50,000 or more, with no guarantee of recovering stolen funds. Prevention through properly drafted documents with appropriate safeguards is far more effective than trying to fix problems later.

Most properly prepared enduring powers of attorney in Tasmania work smoothly for families, providing peace of mind and avoiding the need for costly tribunal applications when someone loses capacity.

How Go To Court Lawyers Can Help

Go To Court Lawyers has been helping Tasmanian families with enduring powers of attorney since 2010. Our 800+ lawyers across Australia understand the specific requirements in Tasmania and have handled thousands of these documents, from simple appointments to complex family situations involving business interests or blended families.

We start with a fixed-price fixed-fee consultation where we explain your options, assess your specific situation, and provide clear advice about the best approach for your circumstances. Our Tasmania lawyers know exactly which forms to use, how to structure attorney appointments to prevent conflicts, and what safeguards to include based on your family dynamics and assets.

If you're dealing with an existing problem - whether it's questions about a document's validity, concerns about an attorney's behavior, or need to revoke a power of attorney - our lawyers can assess your situation urgently and explain your options for tribunal applications or other legal remedies.

Our clients appreciate our straightforward approach and practical advice. We're rated 4.5 out of 5 stars from over 780 reviews because we focus on getting results for families, not just completing paperwork.

Time is critical with enduring powers of attorney. If you're putting off this important protection, or if you're concerned about an existing situation, call our 24/7 hotline on 1300 636 846 now. You can also book your fixed-price consultation online at gotocourt.com.au/book or request urgent help through our website.

Don't wait until a crisis forces your hand. Get your enduring power of attorney right from the start, or get urgent help if you're dealing with problems now. Our experienced Tasmania lawyers are ready to help you protect your future and your family's interests.