Power of Attorney in New South Wales (NSW)

A power of attorney is a legal document that allows an individual (the principal) to appoint another person (the attorney) to act on their behalf and make decisions regarding their legal and financial affairs. In NSW, there are different types of powers of attorney, each serving a specific purpose.

General Power of Attorney:

• Allows the attorney to handle the principal’s financial and legal matters for a specified period or until the principal revokes the power.
• Commonly used for temporary situations, such as when the principal is overseas or incapacitated.
• Ends if the principal loses mental capacity.

Enduring Power of Attorney:

• Continues to be valid even if the principal loses mental capacity.
• Allows the attorney to make financial, legal, and property decisions on the principal’s behalf.
• Can be effective immediately or only upon the principal’s incapacity.

Appointment of Enduring Guardian:

• Allows the principal to appoint an enduring guardian to make lifestyle and healthcare decisions if they lose mental capacity.
• Decisions may include accommodation, medical treatment, and services.

Establishing a power of attorney requires careful consideration and adherence to legal formalities. It’s crucial to seek professional legal advice to ensure the document accurately reflects the principal’s wishes and complies with NSW laws.