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Powers of Attorney

In New South Wales a Power of Attorney is used to appoint someone to make financial decisions on your behalf, such as selling your house or operating your bank accounts, whereas an Appointment of Enduring Guardians is used to appoint someone to make health and living arrangement decisions.

Who can make a Power of Attorney Appointment of Enduring Guardianship?

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and can communicate those decisions.

When should I make a Power of Attorney Appointment of Enduring Guardianship?

Before you need them!  These documents safeguard your interests in the event of something unforeseen – an accident or illness that could diminish your ability to properly make decisions. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money and your living arrangements.

When does it start?

You can decide when you want it to start. If you do not make it clear when you want it to start then it will commence when your attorney signs the document to accept their position.

Who should I appoint to be my Attorney or Guardian?

You need to appoint someone you trust to make the right decisions. You can appoint more than one person, and you can specify how they make their decisions.

What are the legal responsibilities of my Attorney?

They are legally responsible to you and must act in your best interests. While you have mental capacity they must obey your instructions. They cannot give gifts to themselves or to anyone else unless you authorise this and they must keep their finances separate from yours, keeping accurate records of all of their dealings with your money.

Who should I talk to about it?

It is important that you discuss these documents with a lawyer who can provide professional advice about your particular circumstances. It is also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.

Do I need a witness?

These documents need to be witnessed by a solicitor/conveyancer or a registrar of a Court and cannot be witnessed by your attorney.

Can I change my mind?

Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

Contact Us to find out more or to arrange an appointment.