Making an Enduring Power of Attorney
The Public Trustee and Guardian ('PTG') promotes and assists people to engage EPA making services in the ACT and the surrounding area (such as Murrumbateman, Yass Valley, Bungendore, Queanbeyan Region, etc.).
PTG recognises the need to support the ACT community and deliver enhanced service options.
Online Will and Enduring Power of Attorney Options
‘Safewill’, ‘Willed’ and ‘Gathered Here’ offer online Enduring Powers of Attorney (EPA).
These products allow the community to access easy, quick EPA-service with significant benefits to those who require an EPA, have access to and feel comfortable in making their EPA online, and/or do not wish to attend a meeting with a lawyer.
You can find out more by visiting the websites below:
https://www.gatheredhere.com.au/
Discounted Wills and EPAs for Low Means People
The following law firms will charge in accordance with the Public Trustee and Guardian (Fees) Determination 2025 (ACT).
Law firms
| Law firm | Thomson Geer | Glass Goodwin |
|---|---|---|
| Contact details |
CBRAdmin@tglaw.com.au (02) 5135 8600 |
reception@glassgoodwin.com.au (02) 6194 9900 |
| Address |
Level 9 Civic Quarter, 68 Northbourne Avenue Canberra ACT 2601 |
4/10 Hobart Place Canberra ACT 2601 |
| Responsible partner | Katie Binstock | Timothy Morton |
The above firms will apply an hourly rate of $340 (including GST) for non-complex Wills and will cap their fees as follows:
| Documents required | Legal fees (including GST) |
|---|---|
| Standard Wills and EPOAs | |
| Will for one person | $680 |
| Will and EPOA for one person | $850 |
| Will for a couple | $850 |
| Will and EPOA for a couple | $990 |
| Other | |
| EPOA only | $310 |
| Consultation fee – if no Will/EPOA is prepared | $340/hr |
| Home visit – additional fee | $340 |
| Safe custody | |
| Depositing a will into the Will Register (where the Will does not appoint the PTG as executor or alternative executor) | $220 |
| Depositing a Will into safe custody with a law firm | $220 |
The Public Trustee and Guardian (Fees) Determination 2025 (ACT) also includes an hourly rate of $522 (including GST) for complex Wills and a maximum fee for drafting a Will of $2,619.
Eligibility
The fees listed above apply to clients who are referred by the Public Trustee and Guardian and who meet the eligibility requirements.
Eligibility requirements:
- an individual whose main income is a social security benefit (i.e., aged pension or disability support pension); or
- an individual holds a health care card; or
- an individual:
- whose annual gross income is $50,000 or less (including the income of the individual's married or de facto spouse with whom the individual lives); and
- who has assets totalling less than $25,000 (including superannuation but excluding the person's principal place of residence, one vehicle per adult in the individual’s household, home contents and personal effects).
The annual gross income threshold is increased by $10,000 for each of the individual's dependent children.
If you do not meet the eligibility requirements but there are circumstances which affect your ability to access your assets, please let the law firm know.
Can the PTG store the original EPA for safekeeping?
Yes, you can deposit your current EPA with the PTG, in the PTG's Will Register, for safe keeping, at the current one-off fee of $214 per EPA.
Please note that additional fees in relation to search, certified copies, and withdrawal of the original EPA may also later apply. The current fee structure for the Will Register is available on the PTG's website.
If you wish to proceed with the depositing of your EPA, then please contact the PTG on (02) 6207 9800 and they will assist you with to bring your original EPA to the PTG for lodgement.
Can the Public Trustee and Guardian still write my EPA?
No, the Public Trustee and Guardian do not prepare Wills or EPAs in house.
What happens if I already have a EPA with PTG but want to amend it?
Clients who already have a EPA with the PTG but require a change to it can either make a new EPA via an online platform or can make an appointment with a lawyer to have this prepared. Costs will apply for each option.
I know what I want to do, can I prepare my own EPA?
Yes. The Public Trustee and Guardian has published a booklet “The Power to Choose” which contains information about how an EPA operates, who can be appointed and how to execute the document for it to be legally valid. This is designed for people who wish to put this in place for themselves and do not require any advice or guidance in the process.
Hardcopies of this booklet can be collected from our office or you can request that one be posted to you by contacting our office via email PTG@act.gov.au or phone 02 6207 9800.