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Guides / Other States and Territories

Other States and Territories

Interstate powers of attorney raise one question first, because powers of attorney are made under State and Territory law, and each has its own Act and forms. We are Victorian lawyers and this site explains Victorian law only. We do not prepare powers of attorney under the law of another State or Territory.

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Is my interstate power valid in Victoria?

An enduring power of attorney made in another State or Territory, which complies with that place’s requirements, is treated as if made under the Victorian Act, to the extent that the powers it gives could validly have been given by a Victorian enduring power. This applies whenever the power was made.

Two practical points:

  • Powers that Victorian law does not allow under an enduring power are not recognised here. For example, a Victorian enduring power cannot cover medical treatment.
  • A Victorian bank or the land registry may still ask for more before acting on an interstate document. [CHECK: support from a source or remove.]

Is my Victorian power valid interstate?

That depends on the law of the other State or Territory. [CHECK: either leave as a pointer or add one line per jurisdiction from each Act; not researched.]

I have moved to Victoria. Should I make a new one?

If you now live here and own property here, a Victorian power made with a lawyer avoids questions about recognition. A later Victorian enduring power revokes an earlier one unless it says otherwise. [CHECK: whether s 55 applies to an earlier interstate power; s 138 treats a complying interstate power as made under the Victorian Act, which suggests it does. to be decided.]

Where to look for other States

[CHECK: one official link per State and Territory (public trustee or public advocate), to be added after each is opened and read.]

Interstate powers of attorney: next step

For a Victorian power of attorney, send instructions or call 1800 776 529.

Interstate powers of attorney: the law

Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.

Interstate powers of attorney: send us an enquiry

We reply within one business day.

To send documents, use the Send instructions form. If something is about to happen in the next few days, such as a sale or a hearing, please also call us.

Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)

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We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]