How do you set up a will and power of attorney for a parent who is losing capacity in Australia?
When it comes to legal planning, timing is everything. There’s a critical window to execute documents like wills and powers of attorney — and once that window closes, there’s no going back. Understanding why urgency matters can motivate you to act now.
For related guidance, see how do you set up a will and power of attorney for a parent who is losing capacity in Victoria?.
Read the video transcript
A person with capacity can prepare their Will online, print it and sign it in the presence of two independent witnesses. An enduring power of attorney can also be prepared online and witnessed in accordance with the relevant state witnessing requirements. If capacity is already gone, a person cannot make a valid Will. Similarly, if a person lacks capacity to make a power of attorney, an application may need to be made to a state-based tribunal for appropriate orders to enable their financial affairs to be managed.
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