Power of Attorney in Tasmania
Everything you need to know about creating a legally valid Power of Attorney in TAS. Learn about Enduring Power of Attorney, Enduring Guardian, witnessing requirements, and costs.
Quick Facts — POA in TAS
Financial POA Legislation
Powers of Attorney Act 2000 (Tas)
Health/Personal Legislation
Guardianship and Administration Act 1995 (Tas)
POA Types Available
3 types
Solicitor Cost
$300–$900
Types of Power of Attorney in TAS
Tasmania offers several types of Power of Attorney, each serving a different purpose. Understanding the differences is essential to ensuring your wishes are properly documented and legally enforceable.
General Power of Attorney
authorises your attorney to act on your behalf for financial and legal matters while you have capacity. It ceases upon loss of capacity.
Enduring Power of Attorney
authorises your attorney to manage your financial and legal affairs, and continues to operate after you lose mental capacity. Created under the Powers of Attorney Act 2000.
Enduring Guardian
an appointment under the Guardianship and Administration Act 1995 that authorises a person to make personal and health care decisions on your behalf if you lose capacity. This is separate from the financial POA.
Witnessing Requirements in TAS
An Enduring Power of Attorney in Tasmania must be signed by the principal in the presence of two witnesses. Both witnesses must be adults (18 or older) and must not be the attorney being appointed. Both witnesses must sign the document in the presence of the principal. At least one witness should ideally be a person authorised to witness statutory declarations (such as a Justice of the Peace, lawyer, or police officer), although this is not strictly required for all types of POA in Tasmania. The witnesses must certify that the principal signed the document voluntarily and appeared to understand its effect. Tasmania's witnessing requirements are relatively straightforward compared to states like NSW.
Important: An improperly witnessed Power of Attorney may be invalid. ezyWill provides detailed, TAS-specific witnessing instructions with every POA document to help ensure your document is legally valid.
Can Your Attorney Sell Property in TAS?
Yes, an attorney under an Enduring Power of Attorney in Tasmania can sell real property on the principal's behalf, provided the POA grants sufficient authority and does not contain specific restrictions. The attorney must act in the principal's best interests and in accordance with their fiduciary duties. For property transactions, the POA may need to be lodged with the Tasmanian Land Titles Office. Banks, conveyancers, and the Land Titles Office will require the original or a certified copy of the POA.
How to Revoke a Power of Attorney in TAS
You can revoke an Enduring Power of Attorney in Tasmania at any time while you have capacity. The revocation must be in writing and signed by you. Notify all attorneys named in the document and any institutions that hold a copy. If the POA was registered with the Land Titles Office, lodge a revocation with them as well. The Guardianship and Administration Board can review and revoke a POA on application by an interested party if the attorney is not acting in the principal's best interests.
When Does a Power of Attorney End in TAS?
An Enduring Power of Attorney in Tasmania ends when: the principal revokes it (while they have capacity); the principal dies; the attorney dies, becomes bankrupt, or loses capacity; the attorney resigns; or the Guardianship and Administration Board revokes the appointment. A general (non-enduring) POA ends when the principal loses capacity. An Enduring Guardianship appointment ends on the death of the principal, revocation, or order of the Board.
Unique Considerations for TAS
- Tasmania's POA legislation (Powers of Attorney Act 2000) is relatively straightforward and easy to follow compared to some other jurisdictions.
- Witnessing requires two adult witnesses — this is simpler than NSW (which requires a prescribed witness/solicitor) but similar to Victoria.
- Financial POA and health/personal decisions are governed by separate Acts: the Powers of Attorney Act 2000 (financial) and the Guardianship and Administration Act 1995 (health/personal).
- The Guardianship and Administration Board (not a tribunal, as in most other states) has oversight of enduring powers of attorney and guardianship appointments in Tasmania.
- Tasmania has a relatively small and accessible legal community, which can make the witnessing and registration process more straightforward.
- Tasmania recognises advance health directives as common law documents, though there is no specific standalone advance directive legislation.
Cost of Power of Attorney in TAS
Creating a Power of Attorney does not have to be expensive. Here is how ezyWill compares to a traditional solicitor in Tasmania.
Traditional Solicitor
$300–$900
Per document, plus revision fees
ezyWill
$99
State-specific POA + Digital Vault
How to Create Your Power of Attorney in TAS
Creating your Power of Attorney with ezyWill is straightforward. Our guided process ensures your document complies with Powers of Attorney Act 2000 (Tas) and includes all the necessary provisions for Tasmania.
Sign Up Free
Create your free ezyWill account. No credit card required to get started.
Answer Guided Questions
Our plain-English questionnaire walks you through appointing your attorney, setting powers, and specifying any conditions or limitations — all tailored to TAS requirements.
Download Your POA
Review your professionally formatted Power of Attorney document, generated in full compliance with the Powers of Attorney Act 2000 (Tas). Download as a PDF.
Sign with Required Witnesses
Print your POA, sign it, and have it witnessed according to TAS's specific requirements. ezyWill provides detailed witnessing instructions to ensure validity.
Frequently Asked Questions — Power of Attorney in TAS
Can a power of attorney sell property in Tasmania?
Yes, an attorney acting under an Enduring Power of Attorney in Tasmania can sell real property on your behalf, provided the POA grants authority for property dealings and does not specifically restrict it. The attorney must act in your best interests. The POA may need to be lodged with the Tasmanian Land Titles Office for property transactions. Banks and conveyancers will require the original or a certified copy before proceeding.
How do I get an enduring power of attorney in Tasmania?
To create an Enduring Power of Attorney in Tasmania under the Powers of Attorney Act 2000, you must be at least 18 years old and have mental capacity. The document must be signed by you in the presence of two adult witnesses, both of whom must also sign in your presence. The witnesses must not be the attorney being appointed. With ezyWill, you can create your Tasmanian Enduring Power of Attorney online in under 20 minutes — our platform generates the correct TAS-compliant document, which you then print, sign, and have witnessed.
What is an enduring guardian in Tasmania?
An Enduring Guardian is a person you appoint under the Guardianship and Administration Act 1995 (Tas) to make personal, lifestyle, and health care decisions on your behalf if you lose mental capacity. This is separate from an Enduring Power of Attorney, which covers financial matters only. Your Enduring Guardian can make decisions about your medical treatment, where you live, and the services you receive. You can appoint the same person as both your attorney and your Enduring Guardian, but they are two separate documents.
How much does a power of attorney cost in Tasmania?
A solicitor in Tasmania typically charges $300–$900 to prepare an Enduring Power of Attorney, depending on complexity. An Enduring Guardian appointment may cost an additional $200–$400. With ezyWill, you can create your Tasmanian Enduring Power of Attorney for $99, including the state-specific document, witnessing instructions, and secure Digital Vault storage.
How do I revoke a power of attorney in Tasmania?
To revoke an Enduring Power of Attorney in Tasmania, you must have mental capacity. Put the revocation in writing, sign it, and notify all attorneys named in the document. If the POA was registered with the Land Titles Office, lodge a revocation with them. Notify any banks or institutions that hold a copy. If there are concerns about the attorney's conduct, an interested party can apply to the Guardianship and Administration Board for a review.
Does Tasmania have advance health directive legislation?
Tasmania does not have specific standalone advance health directive legislation. However, advance health directives are recognised under common law principles in Tasmania. This means you can create a document recording your wishes about future medical treatment, and health care providers will generally respect it. For a legally stronger position, you should appoint an Enduring Guardian under the Guardianship and Administration Act 1995 to make health decisions on your behalf. ezyWill can help you create both an Enduring POA and an Enduring Guardian appointment.
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