General non-enduring power of attorney

Decide:

• what power to give (financial matters only)
• when the power starts and ends
• who to appoint.

What power to give

You can limit or place conditions on how you want the attorney to carry out their responsibilities.

If you do not specify a limit, the attorney will be able to make any financial decisions, including legal decisions, that relate to your financial or property matters, on behalf of the person who appointed them until the appointment ends.

When the power starts and ends

The form can specify a starting date, a circumstance in which the power starts or an occasion on which the power starts.

If there is no starting point specified, the power is exercisable once the general non-enduring power of attorney is made.

A general non-enduring power of attorney ends:

• when the form specifies
• if you cancel the power (you can also change the power)
• if you die
• if you permanently lose decision-making capacity.

Who to appoint

You can appoint more than one attorney.

You can also appoint an alternative attorney (or attorneys) to act in specified circumstances.

If you appoint more than one decision-maker you can choose whether the attorneys make decisions:

• jointly, which means the attorneys must all agree to any decisions and every document must be signed by all of them
• jointly and severally, which means that any attorney can make a decision and sign documents together or without the others.

If you do not specify how the attorneys are to make decisions, the attorneys make decisions jointly.

You should ensure that whatever you decide will be a workable arrangement.

Download and complete the relevant form, or access the prescribed form under the Powers of Attorney Act 2014 from the Department of Justice & Community Safety website.

It does not have to be witnessed unless the principal (the person making the non-enduring power of appointment) is unable to sign the form.

In this case, you can direct another person to fill in and sign the form for them. The other person must sign on their behalf in front of them and two witnesses, who must also sign the form.

Making certified copies

People who are authorised to witness affidavits or statutory declarations, can also certify that a photocopy of a completed non-enduring power of attorney is a true and complete copy of the original.

The Powers of Attorney Act 2014 states that each page, other than the last page, of the copy must be certified by the authorised person to the effect that the copy of that page is a true and complete copy of the corresponding page of the original form.

The last page of the copy must be certified to the effect that the copy is a true and complete copy of the original form.

A general non-enduring power of attorney ends:

• when the form specifies
• if you cancel the power (you can also change the power)
• if you die
• if you permanently lose decision-making capacity.

You can revoke your general non-enduring power of attorney at any time.

The revocation must be unequivocal. 

Completing the revocation form helps to make sure that the attorney(s) understands that you have revoked the power.

OPA recommends you sign the revocation form in front of a witness. You should give a copy of the revocation form to the attorney and any alternative attorney(s).

You should keep the revocation form for your records and a record of when you gave the revocation form to their attorney(s), and notify any relevant people or organisations who have a copy or knowledge of the power of attorney, of its revocation. 

The attorney(s) should return the general non-enduring power of attorney document and any copies.