POWER OF ATTORNEY
Important
This sample is an illustrative general form only. A prescribed statutory form, registration, witnessing, notarisation or other formalities may be required in the place where it will be used. It is not a substitute for a lasting, enduring, medical or financial power of attorney where a special form is required.
1. Principal
I, Eleanor May Hart, retired teacher, of 18 Harbour View Road, Bayside, appoint the person identified below to act as my attorney on the terms of this document.
2. Attorney
My attorney is Daniel James Hart, accountant, of 42 Seabreeze Avenue, Bayside.
3. Authority granted
Subject to applicable law and the limitations below, my attorney may act in my name to:
- operate and manage my bank and investment accounts;
- pay expenses and collect money due to me;
- manage, lease or sell my personal property;
- sign documents and communicate with public authorities and service providers; and
- appoint professional advisers where reasonably necessary.
4. Limitations
My attorney must not make gifts, transfer my property to themselves, change beneficiary designations, or delegate this authority unless expressly permitted by applicable law or by the following instruction: the limited gifts and family support expressly described in clause 13.
5. Duties of the attorney
My attorney must act honestly, in good faith and in my best interests, keep my property separate from their own, maintain reasonable records, and avoid conflicts of interest.
6. Commencement and duration
This power begins on 1 October 2026 and continues until I revoke it or it otherwise ends by law. Whether it continues after loss of capacity depends on the law and formalities of the applicable jurisdiction.
7. Revocation
I may revoke this power by written notice, subject to any mandatory legal requirements and the rights of a person who relied on it without notice of revocation.
8. Governing law
This document is intended to be governed by the law of Victoria, Australia.
10. Banking and financial authority
My attorney may open, operate and close transaction and savings accounts in my name; deposit and withdraw funds; arrange direct debits; obtain statements; pay my ordinary living, medical, insurance and household expenses; manage the sample investment portfolio held with Harbour Securities; and communicate with my accountant, bank and superannuation or pension provider. My attorney may not borrow in my name, guarantee another person's obligations or grant security over my home without my separate written consent.
11. Real and personal property
My attorney may arrange repairs, insurance, rates and utilities for my home at 18 Harbour View Road, Bayside; enter into a residential lease of no more than 12 months; sell personal property that I no longer reasonably need; and sign documents necessary to complete an authorised transaction. The home must not be sold unless two registered medical practitioners confirm that I am unlikely to return to live there and the sale is reasonably required to fund my accommodation or care.
12. Tax, benefits and legal matters
My attorney may prepare, sign and lodge tax returns, claim refunds, correspond with revenue and social-security authorities, instruct solicitors and accountants, settle routine claims up to AUD 20,000, and obtain records concerning my financial affairs. This authority does not permit my attorney to make or alter my will, vote on my behalf, consent to marriage or divorce, or exercise any power that the law treats as personal to me.
13. Gifts and support
My attorney may continue the birthday and seasonal gifts I ordinarily make to my children and grandchildren, provided that gifts to any one person do not exceed AUD 500 in a calendar year and total gifts do not exceed AUD 2,000 in a calendar year. My attorney may continue paying my mother's aged-care contribution of AUD 300 per month while I can reasonably afford it. No other gift or transaction benefiting my attorney is authorised.
14. Records, consultation and reimbursement
My attorney must keep invoices, bank records and a written transaction log; provide a summary to my daughter, Amelia Hart, every six months; consult me whenever practicable; and preserve my estate plan so far as reasonably possible. My attorney may be reimbursed for reasonable out-of-pocket expenses supported by receipts but is not entitled to professional fees for acting.
15. Reliance by third parties
A bank, authority or other person dealing with my attorney may rely on a certified copy of this document and a written statement by my attorney that it remains in force, unless that person knows it has been revoked or is invalid. My attorney may provide identity and verification documents reasonably requested for that purpose.
Schedule 1 - Sample principal and attorney details
Principal: Eleanor May Hart, retired teacher, 18 Harbour View Road, Bayside.
Attorney: Daniel James Hart, accountant, 42 Seabreeze Avenue, Bayside.
Substitute attorney if Daniel cannot act: Amelia Rose Hart, architect, 7 Garden Lane, Bayside.
Commencement: 1 October 2026. This sample assumes immediate financial authority. Whether authority continues after incapacity depends entirely on local law and use of any prescribed enduring form.
Witness certificate
I certify that the Principal signed this document in my presence, appeared to understand its nature and effect, and appeared to sign freely.
Witness: Priya Nair, solicitor, 10 Market Street, Bayside.
Witness signature: ___________________________ Date: 1 October 2026
16. Signature
Signed by the Principal:
Signature: ___________________________
Full name: ___________________________
Date: ___________________________
Witness signature: ___________________________
Witness full name and address: ___________________________
Attorney acknowledgement (if required):
I accept the appointment and agree to comply with my legal duties.
Attorney signature: ___________________________
Date: ___________________________