Estate Planning Checklist for Tasmania: EPOA, Guardian, ACD and Will

The Four Documents Every Tasmanian Needs

Estate planning in Tasmania isn't one document — it's four, and most people don't realise that until a crisis forces the issue. Tasmania's dual-track legal system splits decision-making authority across separate instruments, each governed by different legislation, processed by different registries, and subject to different rules.

Here's the complete set:

1. Enduring Power of Attorney (EPOA) — covers financial and property decisions under the Powers of Attorney Act 2000
2. Enduring Guardianship (EG) — covers personal, lifestyle, and medical decisions under the Guardianship and Administration Act 1995
3. Advance Care Directive (ACD) — records specific medical treatment preferences, legally binding on healthcare providers
4. Will — directs what happens to your assets after death

Missing the EPOA or Enduring Guardianship can leave the family needing a TASCAT application after capacity is lost; missing a will leaves the estate subject to Tasmania's intestacy rules after death. The checklist below covers all four in the order you should tackle them.

Phase 1: Decide Who and What (Week 1)

Choose your attorney(s) for financial matters. This is the person (or people) who'll manage your bank accounts, pay your bills, sell property if needed, and handle investments. They must be over 18 and shouldn't have a conflict of interest with your financial affairs.

• [ ] Identify your primary attorney
• [ ] Decide whether to appoint a substitute attorney (recommended — covers you if your primary attorney dies, becomes incapacitated, or resigns)
• [ ] If appointing multiple attorneys, decide whether they act jointly (all must agree) or jointly and severally (any one can act independently)

Choose your enduring guardian for personal decisions. This person decides where you live, what medical treatment you receive, and what services you access. They cannot touch your money or sell your property — that's the attorney's role.

• [ ] Identify your enduring guardian
• [ ] Decide whether to appoint an alternative guardian
• [ ] Consider whether you want to specify conditions or limitations on your guardian's authority

Think through your medical preferences for the ACD. An Advance Care Directive records your wishes about specific medical treatments — particularly life-sustaining treatment. Unlike appointing a guardian, this is about writing down instructions rather than choosing a person.

• [ ] Consider your position on CPR, ventilation, artificial nutrition, and dialysis
• [ ] Think about whether you'd want palliative care prioritised over active treatment in terminal situations
• [ ] Discuss your preferences with your GP so they understand your values

Review your will. If you already have a will, check that it still reflects your current wishes. If you don't have one, you'll need one — otherwise Tasmania's intestacy rules under the Intestacy Act 2010 determine who inherits, and the result may not match what you'd want.

• [ ] Confirm your will is current and names an executor
• [ ] Check that the executor is someone different from (or at least compatible with) your EPOA attorney — the two roles can overlap but serve different purposes

Phase 2: Complete the Documents (Weeks 2–3)

Enduring Power of Attorney:

• [ ] Download Form 3 (restricted powers) or Form 4 (general powers) from the NRE Tasmania website
• [ ] Fill in all personal details — full legal names must match your identification documents exactly
• [ ] Specify any restrictions or conditions on the attorney's authority
• [ ] Choose whether the EPOA activates immediately upon registration or only when you lose capacity (springing provision)

Enduring Guardianship:

• [ ] Obtain the approved Instrument Appointing an Enduring Guardian from TASCAT
• [ ] Ensure you're using the current template — forms must comply with the September 2024 legislative amendments (replacing "disability" with "decision-making capacity")
• [ ] Include full occupations for both the appointor and all guardians (mandatory for instruments executed after 17 April 2025 — TASCAT automatically returns forms with blank occupation fields)
• [ ] Specify any conditions or preferences for your guardian's decision-making

Advance Care Directive:

• [ ] Download the approved statutory ACD form from the Tasmanian Department of Health
• [ ] Complete all sections — be as specific as possible about treatment preferences
• [ ] Note that the ACD takes legal precedence over an enduring guardian's decisions if the two conflict

Phase 3: Execute and Witness (Week 3–4)

The witnessing requirements are different for each document, and getting this wrong is the most common reason the registries return paperwork.

EPOA witnessing:

• [ ] Sign in the physical presence of two independent adult witnesses
• [ ] Confirm neither witness is an appointed attorney, substitute attorney, or close relative of the donor or any attorney
• [ ] Both witnesses sign in the presence of the donor and each other
• [ ] Both witnesses complete the statutory declaration on the form
• [ ] All appointed attorneys sign the Acceptance of Attornment clause (this doesn't need to be witnessed)

Enduring Guardianship witnessing:

• [ ] The appointor signs in the physical presence of two independent adult witnesses
• [ ] Witnesses must be over 18 and cannot be related to the appointor or any nominated guardian
• [ ] The nominated guardian(s) sign the acceptance section, confirming they've read any existing ACD

Advance Care Directive witnessing:

• [ ] Sign before two independent adult witnesses
• [ ] Witnesses must not be paid or voluntary carers, relatives, appointed guardians, persons who helped draft the document, or anyone with an interest in your estate
• [ ] These are the strictest witness exclusions of all four documents — plan accordingly

No electronic signatures. Tasmania requires physical wet-ink signatures for all deeds. No video witnessing, no DocuSign. Everyone must be in the same room.

Phase 4: Register (Weeks 4–6)

Register the EPOA with the Land Titles Office:

• [ ] Submit the original signed document, a standard LTO Lodgement Form, and a completed Form 5 (Registration Application) to the LTO at Level 1, 134 Macquarie Street, Hobart, or by post to GPO Box 541, Hobart, TAS 7001
• [ ] Pay the registration fee: $177.38 (FY 2026–2027) via the online payment link the LTO emails after receiving your documents
• [ ] Allow 2–4 weeks for processing
• [ ] This is mandatory — an unregistered EPOA has no legal effect in Tasmania

Register the Enduring Guardianship with TASCAT:

• [ ] Take the completed instrument and a TASCAT Enduring Guardian Coversheet to any Service Tasmania outlet
• [ ] Pay the registration fee: $88.20 (FY 2026–2027)
• [ ] Allow 2–4 weeks for TASCAT to process and return the registered original
• [ ] This is mandatory — an unregistered EG is invalid

Register the Advance Care Directive with TASCAT (recommended but optional):

• [ ] Submit via the TASCAT Online Services Portal or by mail
• [ ] No fee
• [ ] Consider also uploading to My Health Record so hospital staff can find it in an emergency

The will does not require registration — store it securely and tell your executor where it is.

Phase 5: Distribute and Store

• [ ] Give certified copies of the registered EPOA to your attorney, your bank, and your financial adviser
• [ ] Give a copy of the registered EG to your enduring guardian and your GP
• [ ] Ensure your ACD is on your My Health Record and your GP has a copy
• [ ] Store originals in a fireproof location — a safety deposit box, a home safe, or with your solicitor
• [ ] Tell at least two trusted people where the originals are stored

The Complete Kit

The Tasmania Power of Attorney Kit covers all four planning tracks with step-by-step instructions, a witness eligibility matrix, a pre-submission checklist for the LTO and TASCAT, and a fee calculation reference for the current financial year. It's designed for families who want to complete the process themselves without hiring a solicitor — everything you need from document selection through to confirmed registration.

See more Tasmania guides →