Public Trustee vs Private Attorney in Tasmania: The Real Cost Comparison

The Public Trustee Tasmania will prepare your enduring power of attorney for $140 — or free if you hold a pensioner concession card. On the surface, that's hard to beat. The problem shows up later, in the commission schedule that kicks in when the Public Trustee actually starts managing your affairs.

The Upfront Pricing

The Public Trustee's document preparation fees are genuinely low:

• Single person (EPOA or will): $140
• Couple (both documents): $210
• Pensioner/concession card holders: Free

For comparison, a private solicitor charges $400 to $1,500 for the same document. A self-completed EPOA using the free statutory forms costs nothing except the government registration fee ($177.38, FY 2026–27).

If you just want the document prepared and you'll appoint a family member as attorney, the Public Trustee's preparation service makes sense. The problem arises when you appoint the Public Trustee itself as your attorney — which is exactly what they'll suggest during the appointment.

The Ongoing Commission Schedule

Once the Public Trustee is activated as your attorney (when you lose capacity or when you choose to have them manage your affairs), their fee schedule applies:

Capital Commission (on assets managed)

Income Commission

6.6% on all income received — bank interest, superannuation pension payments, dividends, rental income from managed properties.

Where the Public Trustee doesn't directly manage the property, the rate drops to 3.3%.

Additional Charges

• Account keeping: $13.50 per month
• Tax return preparation: Additional fee per return
• Investment management: 1.1% per annum on funds in their common investment pools
• Attorney acting fee: $120 per hour for specific tasks

The Real-World Comparison

Consider a Tasmanian with $500,000 in assets and $35,000 annual income (superannuation pension plus bank interest):

Year 1 with the Public Trustee:

• Capital commission: ~$18,500 (one-time, on collection of assets)
• Income commission: ~$2,310 (6.6% of $35,000)
• Account keeping: $162
• Total: ~$20,972 in the first year

Years 2+ with the Public Trustee:

• Income commission: ~$2,310 annually
• Account keeping: $162
• Additional fees as incurred
• Minimum ~$2,472 per year, ongoing

Private family attorney (one-time costs):

• DIY EPOA with statutory forms: $0
• LTO registration: $177.38
• Certified copy: $98.98
• Total: $276.36 — and no Public Trustee commission schedule

A private attorney appointed under the EPOA avoids the Public Trustee's commission schedule. They have the same fiduciary obligations as the Public Trustee — act in the principal's best interests, keep funds separate, maintain records — but they don't charge that commission for doing it.

When the Public Trustee Makes Sense

The Public Trustee exists for situations where no suitable private individual is available:

• No family or trusted friends willing and able to serve as attorney
• Severe family conflict where appointing any family member would escalate disputes
• Complex ongoing administration where the principal's affairs require professional management (business operations, investment portfolios, tax obligations) and no family member has the skills
• TASCAT appointment — when the tribunal determines the Public Trustee is the most suitable administrator for a person who lost capacity without planning documents

For straightforward family situations — where a competent adult child, sibling, or spouse is willing to act — appointing a private attorney is dramatically cheaper.

The Matrimonial Asset Transfer Fee

A lesser-known cost: if the principal dies and the Public Trustee transfers solely-owned family assets (the home, a car) to the surviving spouse, they charge a 2.2% transfer commission. On a $600,000 family home, that's $13,200 — just to transfer the house to the person who's been living in it for 30 years.

A private executor named in the will can handle the same transfer without the Public Trustee's transfer commission.

Making an Informed Choice

The Public Trustee serves an important role for Tasmanians who genuinely have no one else. But for families with a trusted relative who's willing to act, the commission gap is enormous. Understanding the difference before you appoint lets you make the choice that actually protects the estate — not one that quietly erodes it.

The Tasmania Power of Attorney Kit includes a Public Trustee cost comparison worksheet so you can calculate the real difference for your specific asset and income situation before deciding who to appoint.

See more Tasmania guides →