ACT Enduring Power of Attorney: How to Make One in Canberra

Most people only think about an enduring power of attorney after a parent falls at home or gets a dementia diagnosis — and by then, the legal window to put one in place may already be closing.

What an ACT Enduring Power of Attorney Actually Covers

The ACT handles things differently from every other Australian state. Under the Powers of Attorney Act 2006, an ACT EPoA is a single combined instrument that can cover property and financial decisions, personal care decisions, and healthcare decisions. In NSW, you need separate documents for financial matters (EPoA) and lifestyle/medical matters (Enduring Guardianship). In the ACT, one document does the work of two.

You choose which powers to delegate. You can appoint someone for property matters only, healthcare only, or all three categories. The healthcare and personal care powers in the form are exercisable while the principal has impaired decision-making capacity; a medical practitioner's certificate is not a separate activation requirement, although evidence from a doctor can help if capacity is questioned. Property powers can operate immediately if the EPoA says so.

The Approved Form and Where to Get It

The current approved form is Form AF2017-45, published on the ACT Legislation Register. You can download it directly from legislation.act.gov.au at no cost. The form is a fillable PDF that covers all three power categories.

You can also complete your EPoA through authorised online platforms like Safewill or Willed, which walk you through the form with a guided questionnaire. Some Canberra law firms offer standard Will and EPoA packages upwards of $879, while the PTG's referred low-means drafting service is listed at $320. The form itself is free to complete on your own.

How the Witnessing Works

This is where most DIY attempts fail. The ACT has strict dual-witnessing requirements:

• Witness 1 must be authorised to witness a statutory declaration — a solicitor, Justice of the Peace, notary public, or medical practitioner
• Witness 2 must be an adult who is not appointed as an attorney in the document
• Only one witness can be a relative of the principal or the attorney
• Both witnesses must be present simultaneously when the principal signs
• The principal and both witnesses sign on the same date, in the presence of each other

There is one more step most people miss: every appointed attorney must sign an Acceptance of Appointment section. An EPoA does not confer authority on an attorney until that attorney has signed the acceptance.

Registration Is Optional — Unless Property Is Involved

An ACT EPoA does not need to be registered for everyday banking, medical decisions, or Centrelink matters. But if the attorney ever needs to sell, mortgage, or transfer real property, the original EPoA must be registered with the Access Canberra Land Titles Office before any property transaction can proceed. The registration fee is around $110.

You can also deposit the original EPoA with the Public Trustee and Guardian (PTG) for safe custody at $220–$228, though this is optional storage — not legal registration.

How It Interacts With Other ACT Documents

The ACT runs a tripartite system for end-of-life planning: the EPoA (substitute decision-maker), the Health Direction (binding treatment refusals), and the Statement of Choices (non-binding values document). These three instruments interact in specific ways that can catch families off guard.

The critical rule under section 19 of the Medical Treatment (Health Directions) Act 2006 is that, if the documents are inconsistent, the attorney follows the EPoA when the Health Direction was made first, and follows the Health Direction when the Health Direction was made after the EPoA. The chronological rule matters. If you want a later Health Direction to control an inconsistent treatment decision, execute the EPoA first, then the Health Direction.

What Happens When the Principal Loses Capacity

Once the principal has impaired decision-making capacity, the healthcare and personal care powers in the EPoA are exercisable under the form. The attorney can then make medical decisions, choose residential care facilities, and manage personal affairs.

If no EPoA exists and the principal loses capacity, clinicians fall back to the statutory Health Attorney hierarchy — spouse first, then carer, then close friend or relative. But a Health Attorney has a critical limitation: they cannot legally refuse or withdraw life-sustaining treatment. That decision requires either a valid Health Direction or a formal ACAT guardianship order.

Getting an EPoA in place while the principal still has capacity avoids this gap entirely. The ACT Advance Directive & Living Will Kit walks through the full execution sequence — EPoA, Health Direction, and Statement of Choices — with witnessing checklists and a document distribution tracker to make sure your paperwork actually reaches the clinicians who need it.

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