Authorities explained

  • What are authorities?

    Throughout your life there may be circumstances when you wish to grant access to an account or authorise someone to manage your financial affairs on your behalf. Alternatively, you may be helping a loved one who is no longer physically or legally capable of making their own financial decisions.

    The reasons can be complex and varied, but may include:

    • Physical or mental Illness 
    • Cognitive impairment or disability
    • Extended travel
  • Your options

    Make sure you seek advice when exploring an authority over your accounts or financial affairs as there are different options and considerations. You’ll need to understand what is right for you and your circumstances. You should consider getting independent advice from a specialist like a lawyer or solicitor before entering into any type of authority. 

    1. General Power Of Attorney (non-enduring) – allows someone to make legally binding and financial decisions on your behalf. This can be for a period of time or a particular purpose. This authority ceases should the principal pass away or lose decision-making capacity.
    2. Enduring Power Of Attorney – similar to a general power of attorney but can come into effect or continue if you lose capacity to make your own decisions. We suggest you seek advice before entering into this type of authority.
    3. Financial Management Order (also known as an administration order) – generally appointed by a tribunal when a person is unable to make their own decisions.
    4. Third-party authority – gives another person access to your nominated bank accounts. This is set up by the account holder in branch. This authority ceases should the principal pass away or lose decision-making capacity.

    Keep in mind that authorising access to your money and financial affairs increases your exposure to the risk of financial abuse and fraud. 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, please see the guides found in Tools & Support.

    It’s important that you only give authority to someone you trust and who will look out for your best interests. You can view the authorities you’ve given over your accounts at any time in NetBank by selecting Settings, then Account authorities.

Power of Attorney

A Power of Attorney is a formal document where a person, known as the principal or donor, gives the legal authority to someone to look after their financial affairs. This authority ceases should the principal pass away.

You can only appoint an attorney if you understand what it involves and are still capable of making your own decisions.

There are 2 types of power of attorney:

  • General power of attorney (non-enduring)
  • Enduring power of attorney

In some State and Territories, this document may have a different name. For example, in the Northern Territory this is called an Advanced Personal Plan.

General Power of Attorney (non-enduring)

A general Power of Attorney allows you to appoint one or more people (attorneys) to make legally binding and financial decisions on your behalf.

The authority will be revoked if you're no longer capable to make decisions, or you're no longer legally capable to manage your financial affairs.

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, e.g, holiday or career break.

Enduring Power of Attorney

An enduring Power of Attorney allows you to appoint one or more people (attorneys) to make legally binding and financial decisions on your behalf. Your appointed attorney(s) can continue making financial decisions if you're no longer capable of making decisions, or you’re no longer legally capable to manage your financial affairs.  

You can elect for an enduring power of attorney to only come into effect or begin after you lose decision-making capacity and you become legally incapable of making your own decisions. 

 

When to consider an Enduring Power of Attorney

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

  • Planning for future incapacitation due to illness or injury
  • In anticipation of losing the ability to manage your financial affairs.

If you don’t have an Enduring Power of Attorney in place and you lose capacity to make and communicate decisions for yourself, the chance to appoint someone yourself no longer exists and a financial management order will be required.

Keep in mind

There are some limitations and risks to consider with Powers of Attorney:

  • As the account holder, you'll continue to be able to access and transact on your own accounts, so long as you have the decision-making and legal capacity to do so. 
  • A General Power of Attorney is only effective while you're able to make and communicate decisions for yourself.
  • If a Financial Management Order is issued, this may void and cancel any General or Enduring Power of Attorney held. 

How to set up a Power of Attorney online

The Attorney or Principal (referred to as the account holder in the online application) can do this online or in branch. The fastest way to start this is online. 

We’ll ask you some questions about the authority document & people who need access (attorneys). You’ll then be able to upload all relevant documents & an Authorities Specialist will review your application. 

What you’ll need:

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

If required, you might need to provide:

  • 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.
  • You can upload these when you apply online, provide them later online, or visit us in branch. If you've applied online, just log on with your reference number to upload your documents. Log on & upload documents

Set up online

How to set up in branch

If you need to attend a branch to complete this, we recommend the Principal attends the branch with the attorney/s (person/s who are to gain access to the account holder’s account/s). 

However, we realise there may be situations where the Principal is unable to attend a branch. If that’s the case, we will contact the Principal as part of the process, and there may be some additional paperwork to complete based on the individual circumstances. 

What you’ll need:

  • Proof of identity (e.g. drivers licence or passport) from any attorneys who aren’t CommBank customers 
  • A certified Power of Attorney document. We accept scans or photographs of hard copy documents
  • Your digital device e.g. smartphone or tablet, for assistance with a digital notification

If required, you might need to provide:

  • 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 Appointment at your nearest Branch

Inform the bank of any changes  

  • The attorney will be required to inform us of any changes with respect to the account holder’s capacity.
  • If the account holder loses capacity to make financial decisions, the attorney will need to provide us with written evidence of this from a medical practitioner evidencing loss of capacity. Until the attorney provides us with such evidence, the account holder will retain all account access and will be able to revoke and cancel a Power of Attorney.
  • If the Power of Attorney is revoked or superseded, the account holder must tell us.

Your responsibilities as an attorney

Being an attorney comes with significant responsibilities. In this role, you must always act in the best interest of the principal and avoid conflicts between the principal’s interests and your own. You must only do things that you have been clearly appointed to do so in the Power of Attorney and are required to inform CommBank of any changes in respect to the principal.

If you breach your duties as an attorney, you could be required to compensate and pay back the principal for loss caused by the breach.

The CommBank Advice and support for attorneys guide provides more information about your responsibilities as an attorney, important banking information and details where you can find additional support.

Download Guide

Financial Management Order

  • An application for a Financial Management Order (also known in some states and territories as an administration order) is usually made by someone with a genuine concern for the welfare of a person (known legally as a “protected person”) who is unable to manage their own financial affairs. In most cases this is a family member, friend, social worker, or healthcare professional.

    A financial manager is then appointed to manage the person’s finances. While a Financial management Order is in place, the protected person may have limited or no access to their own account subject to what the order provides and/ or what the financial manager instructs.

    Financial Management Orders are generally appointed by a tribunal. The appointed person:

    • Must be 18 or older.
    • Can be a close relative, trusted family friend or a public trustee.
    • Will be authorised to manage all financial affairs.

    Lodging a Financial Management Order may cancel or revoke any existing third-party authority and Power of Attorney the account holder has previously authorised.

  • How do I set up a Financial Management Order?

    You can set up a Financial Management Order online or in branch. The fastest way to start this is online. 

    To do this online, we’ll ask you some questions about the Financial Management Order and financial managers. You’ll then be able to upload the Financial Management Order and an Authorities Specialist will review your application. 

    To set this up in branch, you’ll need to bring the Financial Management Order with you. You may also need to complete some additional paperwork while you’re in the branch.

    If the appointed financial manager lodges the Financial Management Order with the bank on behalf of the account holder, the account holder won’t need to attend the branch.

    If there are multiple financial managers, it is best for everyone to come into the branch together. However, if this is not possible, we can only provide account access to a financial manager who has previously visited a CommBank branch and been identified.

    Set up online

    Book an appointment at your nearest branch

  • What do you need to set up a Financial Management Order?

    To set up online, you’ll need:

    • A digital copy of the Financial Management Order document

    To set up in a branch, you’ll need:

    • The original the Financial Management Order document.
    • Proof of identity (e.g, driver's licence or passport) from each financial manager.

Access to your accounts – Third-party authority

A third-party authority gives another person or persons access to one or more of your bank accounts. It’s arranged directly by visiting a CommBank branch and allows the authorised person(s) to transact on your nominated bank accounts.

You can only authorise access to your accounts if you fully understand the nature and implication of the authority you’re giving.  

  • You may choose to authorise permanent access.
  • You may cancel or remove access from the authority at any time in NetBank or by advising CommBank in-person or over the phone.
  • The authorised person will have access to pay bills or transfer money from authorised bank accounts, but not lending products such as a home loan or credit cards.
  • The authorised person won’t have authority to open new accounts or credit cards.
  • The authority will be cancelled if CommBank is notified that you can no longer manage your financial affairs.

When to consider a third-party authority

A third-party authority can be given to allow someone you trust to manage day-to-day banking transactions on your behalf such as:

  • A financial advisor or accountant making financial transactions or investments on your behalf.
  • A partner or family member paying your bills or looking after everyday banking.
  • If you’re living overseas or travelling for an extended period.
  • If you’re in hospital and unable to regularly access your banking.

Keep in mind

There are some limitations and risks to consider when giving someone access to your accounts:

  • You’re giving someone the ability to withdraw all or some of your money, increasing your risk of financial abuse
  • If a financial management order is issued this cancels any third-party authority previously authorised by the account holder.

How do I lodge a third-party authority?

To give a third-party authority access to your account, you’ll need to:

What to bring into branch with you

  • Your proof of identity (e.g, driver’s licence or passport)
  • Proof of identity (e.g, driver’s licence or passport) from each person you're providing account access to 
  • An original, completed Authority to Operate – Third Party form (PDF). We can help you complete this form in branch.

Tools & support

Things you should know

  • This information is general guidance only.