A power of attorney is a legal document by which you (the “principal”) authorise someone (your “attorney”) to make financial decisions and sign papers on your behalf where you are personally unable to do so because of sickness, mental incapacity or absence (or it can be used for convenience). An attorney cannot make medical, health or lifestyle decisions for you – an Appointment of an Enduring Guardian is used for that purpose.

You can choose when the power of attorney is to take effect. You can give the power of attorney for specific purpose or a specified time. If you are traveling overseas for a lengthy period, you may want to give someone a power of attorney to manage things while you are away. You may also wish to grant a power of attorney if your health has deteriorated.

An enduring power of attorney is one that will continue to be effective if you suffer incapacity through unsoundness of mind (as opposed to a general power of attorney which ceases to have effect if you lose capacity). An enduring power of attorney must be explained to you and witnessed by a “prescribed person” such as a solicitor, barrister or Clerk of the Local Court. Your attorney must also acknowledge acceptance of his or her appointment as attorney.

You can revoke a power of attorney at any time by signing a revocation of power of attorney and informing your attorney in writing that the power of attorney has been revoked.

A power of attorney must be registered with the Land and Property Management Authority (formerly Land & Property Information (LPI) and prior to that, the Land Titles Office (LTO)) if it will be used for dealing with land.

The Powers of Attorney Act 2003 (NSW) provides:

• There is a prescribed form for the appointment of an attorney.
• An enduring power of attorney will not commence to operate until the attorney acknowledges acceptance of the appointment.
• An attorney is prohibited from using the principal’s money for gifts or benefits to the attorney or third parties unless specifically authorised in the power of attorney.
• The Guardianship Tribunal has power to review all grants, regardless of when they were made.

Contact us

We can assist you to prepare a power or attorney to allow your affairs to be handled in your absence or if you are unable to tend to them due to illness or incapacity. We can also prepare powers or attorney in the period after your death to the date on which a Grant of Probate or Letters of Administration of your estate has been obtained.

Call one of our Estate Planning Lawyers for free initial telephone advice in relation to an enduring power of attorney or the appointment of an enduring guardianon (02) 9525 8688. We are able to attend on you in hospital if required.