Empowering Your Future: Understanding Powers of Attorney in Australia
At Gaia Law, we believe legal planning should be rooted in consciousness, clarity, and care. Life can bring unexpected changes — and one of the most powerful ways you can care for your future self and your loved ones is by having the right Power of Attorney (POA) in place.
A POA allows you to nominate someone you trust to manage your legal or financial affairs if you are unable to do so. It’s not just a legal tool — it’s a form of self-leadership, giving you the power to shape how your affairs are handled, even during times of illness, absence, or transition.
What Is a Power of Attorney?
A Power of Attorney is a legal document that authorises a person (your attorney) to act on your behalf in financial and legal matters. This may include:
Paying bills
Managing your bank accounts
Handling property transactions
Making other financial decisions aligned with your values
Importantly, a Power of Attorney does not cover personal, medical, or lifestyle decisions — those are governed by separate instruments, which we also support as part of our estate planning process.
General vs Enduring Power of Attorney
In Australia, there are two primary forms of POA. The difference lies in when they operate — and for how long.
General Power of Attorney
A General POA is useful when you need support for a defined period of time — for example:
If you’re overseas
Recovering from surgery
Travelling or temporarily unavailable
It gives your chosen person the ability to step in and assist, but it automatically ends if you lose decision-making capacity.
General POAs are best for short-term practical needs — not for long-term life planning.
Enduring Power of Attorney
An Enduring POA is a deeper commitment. It continues to operate even if you lose capacity in the future due to illness, accident, or ageing.
This type of POA ensures that, should you be unable to make decisions, someone you trust can act on your behalf with integrity, care, and legal authority.
Enduring POAs:
Offer long-term protection
Can take effect immediately or upon loss of capacity
Require more formal witnessing, usually by a solicitor or qualified professional
We recommend an Enduring POA as an essential part of holistic estate and life planning.
A Conscious Legal Approach: Your POA, Your Way
At Gaia Law, we understand that legal documents are more than paperwork — they are sacred agreements, rooted in trust, responsibility, and foresight.
We offer two pathways to support your needs:
Standalone Power of Attorney
We can prepare a customised Power of Attorney — whether General or Enduring — based on your immediate needs or concerns. This is ideal if you're planning a trip, facing a medical procedure, or simply taking proactive steps in your life journey.
Our Complete Estate Planning Package
For those seeking a more integrated and intentional approach, our Complete Estate Planning Package includes:
A personalised Will
An Enduring Power of Attorney
Health and medical directives (depending on your state)
Superannuation and guardian nominations
Reflective conversations to align your documents with your values
This package supports clarity, continuity, and care across all aspects of your legal life planning.
Choosing Your Attorney
Your attorney should be someone you trust deeply — someone who respects your values and will act in your best interests. We can help you make this choice with care and confidence.
Let’s Plan Together
Whether you're navigating change, planning ahead, or supporting a loved one, we’re here to guide you with presence and professionalism.
Reach out to Gaia Law to explore your Power of Attorney options — whether as a standalone document or as part of a more holistic estate planning journey.
Disclaimer
This article is intended as general information only and does not constitute legal advice. Australian states and territories have specific laws regarding Powers of Attorney. We recommend seeking personalised legal advice to ensure your documents are legally valid and aligned with your individual needs.