Banks Refusing Power of Attorney in Australia: What to Do When Your EPA Gets Rejected

Yes, Banks Can Refuse a Power of Attorney

Australian banks conduct their own legal audits before they'll activate attorney access to accounts. Even if your enduring power of attorney (EPA) is technically valid under state legislation, a bank can refuse to accept it if the document doesn't meet its internal requirements — and they regularly do.

This isn't the bank being obstructionist. Banks face their own regulatory obligations under anti-money laundering (AML) and know-your-customer (KYC) rules. They need to verify that the document is genuine, current, properly executed, and covers the type of transactions the attorney wants to perform. If anything looks off, they'll reject it and ask for more documentation.

The problem is that families usually discover the rejection during a crisis — the principal has just been hospitalised or lost capacity, bank accounts are frozen, bills are piling up, and the attorney can't access funds. What should have been a straightforward administrative step becomes an emergency.

The Most Common Rejection Reasons

Incomplete or incorrect witnessing: This is the number one reason. If the EPA doesn't meet the witnessing requirements of the relevant state legislation — in Victoria, that means two adult witnesses, one authorised to witness affidavits or a registered medical practitioner — the bank will flag it as potentially invalid.

Missing Statement of Acceptance: Under Victoria's Powers of Attorney Act 2014, the EPA doesn't become operative until each attorney signs a Statement of Acceptance. Banks increasingly check for this. If it's missing, the document is technically not yet active.

Uncertified copies: Banks won't accept a photocopy. They need a certified copy — every page marked as a true copy of the original, signed and dated by a qualified person (solicitor, JP, or other authorised certifier). Some banks require certification on every single page, not just the first and last.

"Jointly only" appointments on digital accounts: This is a specific trap. Some digital banks — notably Ubank — explicitly reject "jointly only" EPA appointments for online transaction accounts because their platform architecture can't support dual-authorisation for digital banking. If your EPA appoints attorneys to act jointly, you may be locked out of digital-only bank accounts.

Outdated or interstate documents: Banks serving Victorian customers may reject EPAs prepared under other states' legislation, particularly for medical-related transactions. Victorian EPAs operate under the Powers of Attorney Act 2014, and a document prepared under, say, Queensland's Powers of Attorney Act 1998 may not meet Victorian requirements.

No evidence of incapacity: If the EPA is a "springing" arrangement — financial powers activate only upon loss of capacity — the bank will require clinical evidence that the principal has lost decision-making capacity. A letter from a registered medical practitioner confirming incapacity is typically needed.

What Each Major Bank Typically Requires

Requirements vary, but here's what to expect:

NAB: Requires the original or a full certified copy of the EPA (every page certified), evidence of attorney identity, and may require additional bank forms or declarations. Ask NAB what its current account-access process requires.

Commonwealth Bank (CBA): Requires a certified copy with all pages stamped, attorney ID verification, and may require a branch appointment. Ask CBA for its current processing timeframe when you submit the documents.

Westpac: Requires a certified copy and attorney ID, and may require additional review for non-standard arrangements (multiple attorneys, complex conditions).

ANZ: Requires a certified copy and attorney identity verification. Ask ANZ what additional evidence or declarations it requires for a springing or otherwise complex EPA.

Ubank: As a digital bank, Ubank has specific restrictions. Ubank explicitly does not accept jointly-appointed attorneys for online transaction-account access. Confirm Ubank's current submission process and account-specific requirements before relying on the EPA.

How to Prevent a Bank Rejection

The best time to deal with bank acceptance is before the crisis hits — ideally, right after the EPA is signed:

1. Ask the bank about proactive registration: Don't wait until the principal loses capacity. Present the certified EPA, complete any registration paperwork, and ask whether the bank can record the appointment before access is needed. Procedures vary by institution.

2. Get surplus certified copies made: Assume you'll need at least one per financial institution, plus spares. Have them certified at the time of signing when the witnesses and certifier are already present.

3. Check your appointment structure before signing: If any accounts are with a digital bank, confirm whether "jointly only" appointments will be accepted for online access before you finalise the EPA. Switching to "jointly and severally" may solve the problem.

4. Keep a copy of the Statement of Acceptance: Banks are increasingly asking for this. File it with the EPA and include a certified copy when you register.

5. Prepare an incapacity letter template: If the EPA is springing, have a template letter ready for the principal's GP or treating specialist to complete confirming the loss of capacity. Banks have specific expectations about what this letter should contain — a vague "John is unwell" won't be accepted.

If the Bank Still Refuses

If a bank rejects a properly executed EPA and you believe the rejection is wrong:

1. Ask for the rejection in writing with the specific reason
2. Escalate to the bank's internal dispute resolution team
3. If unresolved, consider lodging a complaint with the Australian Financial Complaints Authority (AFCA) under its current complaints process
4. In Victoria, the Office of the Public Advocate can provide guidance on EPA validity issues

The Victoria Power of Attorney Kit includes a bank acceptance playbook covering the specific documentation each major bank requires, common rejection reasons and how to avoid them, and escalation steps if a valid EPA is improperly refused.

See more Victoria guides →