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The law regulating powers of attorney, appointments of enduring guardianship, advance health directives and medical consents in Australia is state based.  This means that each Australian State and Territory has a different form of document enabling a person to make legal and financial decisions on behalf of another person, which document is called a power of attorney.  Each Australian State and Territory also has a different form of document enabling a person to make medical, health and lifestyle decisions on behalf of another person. These documents are known as an appointment of enduring guardian, advance health directive, power of attorney (medical) or medical consent.  The forms are mandated by law.  For example, in New South Wales powers of attorney are regulated by the Powers of Attorney Act 2003 (NSW) and in Queensland powers of attorney are regulated by the Powers of Attorney Act 1998 (Qld).

A document made in one Australian State or Territory will generally be valid in another Australian State or Territory if it complies with the relevant legislation in the State or Territory in which it was made.

If you own property in more than one State or Territory of Australia or regularly spend time in more than one State or Territory of Australia you are unlikely to have to prepare powers of attorney and appointments of enduring guardian/advance health directives/medical consents in each of those different States or Territories, however you may wish to seek legal advice regarding the appropriateness of your existing documents.

LegalVision currently has Powers of Attorney for Victoria, New South Wales and Queensland. We will be adding Powers of Attorney for the other States and Territories of Australia shortly.

Please note that LegalVision is a commercial law firm and cannot assist with these matters. We recommend you contact your local law society.

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