What is a Power of Attorney?

  • A Power of Attorney is a legal document that lets the account holder appoint someone,  as an attorney, to make decisions on their behalf. These decisions may be about money, property, or other financial or legal matters and may be subject to restrictions. The appointed person will have the same authority as the account holder – they can access CommBank accounts, open and close accounts, and make transactions. 

    Before you allow someone to manage your banking, you might want to seek legal advice from a specialist like a lawyer or solicitor.

    Giving someone access to your accounts can increase your exposure to the risk of financial abuse and fraud, so it’s important to choose someone you trust and review your account access regularly. For more on financial abuse and the signs to look out for, as well as who to contact if you feel you’ve been a victim of financial abuse, read through the FAQs or view the guides found in Tools & Support.

    You can view who has authority over your accounts at any time in NetBank. Select Settings, then Account Authorities.

  • When to consider a General Power of Attorney

    A General Power of Attorney may be useful if you wish to put in place a temporary formal arrangement for a specific purpose, such as:

    • Appointing someone to buy or sell real estate or trade shares
    • While you’re away for a period of time such as a holiday or working or studying overseas

    A General Power of Attorney ceases if the account holder loses decision making capacity. 

  • When to consider an Enduring Power of Attorney

    An Enduring Power of Attorney can be used to put a lasting formal arrangement in place, including:

    • You’ll be overseas or otherwise unavailable for an extended period
    • Planning for future incapacitation due to illness or injury
    • In anticipation of losing the ability to manage your financial affairs

    The account holder can choose an Enduring Power of Attorney to come into effect:

    • Immediately
    • Starting on a date specified in the Enduring Power of Attorney
    • Only after they lose decision-making capacity and they become legally incapable of making their own decisions

    If you don’t have an Enduring Power of Attorney and you lose the ability to make or communicate decisions, a tribunal or court will appoint someone to manage your finances on your behalf. This is commonly called a Financial Management Order.

I'm giving someone authority

  • What you can do: 

    • Appoint one or more attorneys to act on your behalf 
    • Continue to use and access your own accounts at any time 
    • Outline limits to the attorney’s authority for specific accounts in your Power of Attorney document
    • Revoke the power of attorney at any time while you have the mental capacity 

    Keep in mind:

    • The person you choose as your attorney will be able to make legally binding decisions on your behalf 
    • It’s your responsibility to advise your attorneys once you remove an attorney or revoke a Power of Attorney
    • If a Financial Management Order is issued this may void and cancel any General or Enduring Power of Attorney
    • Your Power of Attorney document should be in line with the Power of Attorney requirements in your state or territory
    • Granting a Power of Attorney increases your exposure to financial abuse. Choose your attorney carefully and keep copies of your Power of Attorney document in a safe and secure place 

I've been given authority

  • What you can do:

    • Access the account holder’s CommBank accounts
    • Make transactions on their behalf
    • Open and close accounts on their behalf
    • Act on their behalf if they lose capacity (Enduring Power of Attorney only)

    Keep in mind:

    • You must act in the account holder’s best interests, follow their wishes where possible and comply with the conditions set out in the Power of Attorney
    • Act in the account holder's best interest, avoiding any conflicts of interest between the account holder's finances and your own personal gain
    • Do not delegate your powers 
    • Keep accurate records of all the decisions and transactions you make
    • If appointed jointly, all attorneys must act together
    • If you breach your duties, you may have to compensate the principal for any loss caused by the breach

    Tell us if the account holder’s capacity changes. If this happens, you must provide written evidence from a medical practitioner. Until then, the account holder keeps all account access and can revoke the authority

How to set up a Power of Attorney

How to set up online  

The attorney or account holder can set up a Power of Attorney online or in branch. The fastest way to start this is online. Each attorney must complete this process individually.

What you'll need:

  • A certified Power of Attorney document. We accept scans or digital photographs of hard copy documents

We might also require: 

  • A medical letter on a doctor's letterhead, and a formal document with evidence of the account holder’s circumstances e.g. A nursing home contract or tax invoice with the account holder’s name. If you don’t have these ready, you can provide them later by email or visiting a branch

Set up online

How to set up in branch

The attorney or account holder can set up a Power of Attorney online or in branch. Each attorney must complete this process individually.

To set up in branch, we recommend the account holder comes in with the attorney. If this is not possible, the attorney can start the process on their own. We’ll then reach out to the account holder, and there may be some additional paperwork to complete depending on the circumstances.

What you'll need:

  • A certified Power of Attorney document. We accept scans or photographs of hard copy documents
  • Proof of identity from any attorneys who aren't CommBank customers e.g. driver's license or passport
  • A digital device for help with a digital notification e.g. smartphone or tablet

We might also require: 

  • A medical letter on a doctor's letterhead, and a formal document with evidence of the account holder’s circumstances e.g. A nursing home contract or tax invoice with the account holder’s name. 

Book an appointment at your nearest branch

Ending a Power of Attorney

    • A Power of Attorney may end on a set date or once a specific transaction is complete, if this is set out in the document
    • The account holder can cancel a Power of Attorney at any time, as long as they still have decision-making capacity. This can be done by visiting your nearest branch, calling or emailing us. You’ll need to check if there’s specific requirements to revoke your Power of Attorney in your State or Territory
    • A General (non-enduring) Power of Attorney ceases if the account holder loses capacity. If you need the arrangement to continue beyond this point, an Enduring Power of Attorney is the appropriate document 
    • A Power of Attorney ceases automatically if the account holder passes away

FAQs

Financial abuse occurs when money is used to gain power and control over another person. It can include someone pressuring you, restricting access, or controlling your money in a way you do not agree to.

  • You feel pressured to sign documents or give access quickly
  • Someone insists on controlling conversations with the bank
  • Transactions or withdrawals don’t look right
  • You’re being asked for passwords, PINs, or NetBank login details
  • Bills remain unpaid even though someone has agreed to manage your money on your behalf

  • If it’s safe, contact us as soon as possible and tell us you’re concerned about misuse or financial abuse
  • Gather what you can (dates, transactions, messages and documents)
  • Get independent support. For more info, view the FAQ “Are there other support services I can access?”
  • If you need to change or revoke a Power of Attorney, follow the steps above and consider legal advice

If you are the account holder and you lose decision-making capacity, your access will be:

  • Branch: Always able to access in-branch assistance. Withdrawal limits may apply as set out by the attorney
  • Debit Mastercard or keycard: Only if approved by the attorney. Withdrawal limits may apply as set out by the attorney
  • NetBank or CommBank app: Only by attorney request and if the financial risks are accepted
  • Cheque or Passbook: Only if approved by the attorney. Withdrawal limits may apply as set out by the attorney

Your access to their accounts will be:

  • Branch: Always allowed
  • Debit Mastercard or keycard: You can have a card in your name linked to the accounts
  • NetBank or CommBank app: You can have the account holder’s accounts linked to your own NetBank
  • Cheque or Passbook: Allowed where there is an existing passbook or cheque book

Both the Method of Operation in the Power of Attorney and the account’s own operating setup determine what access can be provided.

The Method of Operation outlined in the Power of Attorney sets out how attorneys can act. This may be set out as:

  • Solely – can instruct us independently
  • Jointly – must instruct us together
  • Joint and severally – can instruct us independently or together
  • Majority – a majority can instruct us as described in the Power of Attorney

There are several examples of how a Power of Attorney can expire or be automatically revoked, including:

  • Once the expiry date specified in the Power of Attorney has been reached, or the transaction specified has been completed
  • If you lose decision-making capacity (for General Powers of Attorney)
  • If you or the attorney pass away
  • If the attorney loses decision-making capacity
  • If the attorney becomes bankrupt or insolvent

A Power of Attorney (general or enduring) will cease if the account holder passes away. The Estate Representative is then responsible for carrying out any wishes in accordance with the Will, Probate or Letters of Administration.

 

Learn more about deceased estates and settlement

The information on this page is general. Laws governing Powers of Attorney vary by state and territory, so the support services available to you will depend on where you live. There are a range of external support services available that can help you understand and make decisions in relation to authorities and managing your financial affairs in your state or territory.

Tools and support

Things you should know

  • This information is general guidance only.