Enduring Power of Attorney

A Power of Attorney is a legal document that appoints a person or persons to act on your behalf in relation to financial and legal decisions.

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What are the different types of Power of Attorney documents? 

 

There are two types of Power of Attorney documents:

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1. An Enduring Power of Attorney continues to operate even if you lose the ability to make decisions for yourself; 

2. A General Power of Attorney ceases to operate if you lose the capacity to make decisions for yourself.

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Why do I need a Power of Attorney?

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It is a good idea to have a Power of Attorney in place in case something happens to you and you suffer from temporary or permanent loss of capacity. If you do not have a Power of Attorney in place, a court or tribunal may appoint someone to manage your finances.

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What can my Power of Attorney do?

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A Power of Attorney can do anything you can do legally with the exception of voting for you or writing a Will for you.  That said, you can limit the powers and we will prepare your document to reflect your specific needs and wishes. In New South Wales, an attorney can only make financial and legal decisions.

You can appoint an Enduring Guardian to assist you with healthcare, lifestyle and medical decisions. 

 

Who should I appoint as my Power of Attorney?

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It is very important to carefully consider who you appoint as your attorney as this is a position of trust and responsibility.

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Your attorney can be a:

• family member or members;

• close friend who you trust;

• Solicitor; and/or

• NSW Trustee & Guardian or a trustee organisation.

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It is important to note that a power of attorney only operates while you are alive and your attorney appointment dies when you die.

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"Because we care."

Contact us to arrange an appointment.