Enduring Power of Attorney – NSW

Enduring Power of Attorney - NSW

There are countless reasons why you may permit someone to make financial, business, or property decisions on your behalf; and all of them are covered by an Enduring Power of Attorney.

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Enduring Power of Attorney - NSW

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When you’re done, print or download a PDF version for you to review, customise or sign

What is an Enduring Power of Attorney?

A Power of Attorney gives authority for someone to act on your behalf. 

This document is suitable for granting someone Powers of Attorney which will also exist during a time in which you as the principal is incapacitated. 

The Enduring Power of Attorney grants the agent the power to attend to financial and property matters of the principal as directed by the terms of the document.

When should I use an Enduring Power of Attorney?

The Enduring Power of Attorney should be used if you’re looking to grant an agent the power to administer your financial and property matters.

This type of Power of Attorney should particularly be used if you intend for this granted 

power to last throughout a time in which you are incapacitated and unable to attend to your affairs.

What topics does an Enduring Power of Attorney cover?

  • Details of the Principal (the person granting the agent the Enduring Power of Attorney)
  • Details of the Attorney/s
  • Options to add additional powers
  • Option to include conditions and limitations to the powers granted
  • Commencement date
  • Witness formalities and details
  • Boilerplate language
  • Governing law and jurisdiction

What are the main decisions I need to make in creating an Enduring Power of Attorney?

  • To whom will you grant a power of attorney? An attorney must have full capacity, and as per relevant state legislation, the attorneys appointed must be over 18 years of age and must not be insolvent or bankrupt. 
  • Do you want to include any additional powers?
  • Do you want to include any conditions or limitations to the power of attorney? 
  • When do you want the Power of Attorney to commence?

What other names does an Enduring Power of Attorney go by?

An Enduring Power of Attorney is also known as: 

  • Lasting Power of Attorney
  • Durable Power of attorney for healthcare
  • Medical Power of Attorney
  • Advance Personal Plan
  • EPOA

Frequently Asked Questions

The parties involved include the agent who is given the enduring power of attorney and the and the principal who is the person granting the enduring power of attorney.

Generally you would need this document when you are granting an agent the power of attorney even if you are incapacitated.

It should be a responsible person you trust to act in your best interests, as they will be managing complex financial matters. In estate planning, oftentimes this will be family members, but they can also be a close family friend or a trusted professional.

For companies, these are usually professionals who are adept at the transaction being referred to, such as lawyers or accountants.

An Enduring Power of Attorney made in another state or territory will automatically be recognised in NSW. Similarly, an Enduring Power of Attorney made in NSW is recognised in Victoria, Queensland, and Western Australia.

An ordinary Power of Attorney ceases to exist once the principal has lost capacity, whilst an Enduring Power of Attorney continues during times of incapacitation.

An Enduring Power of Attorney cannot make lifestyle, medical or accommodation decisions as this can only be carried out by an Enduring Guardian. Under an Enduring Power of Attorney, the agent can only make financial and property decisions.

Yes, this document allows you to include up to 5 attorneys.

  • Details of the chosen attorney/s
  • Commencement date
  • Details of the witness

There are several signing options available. How you sign largely depends on where the parties are located and if they will attend signing together. You can print on paper and sign, or use electronic signature tools such as Docusign or Hellosign.

If you need any assistance please contact us directly, we would be happy to assist.

If you have any questions or are uncertain about any aspect of the document please do not sign it or use it, Please contact us directly and we would be happy to assist.

Absolutely! Get in touch with us and we can provide a fixed-fee price to review it.

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Not quite right? Looking for something else?

What other documents might I need?

If you’re interested in an Enduring Power of Attorney you might also need to think about:

  • Last Will and Testament
    You may need this document if you’re trying to document a more complex breakdown and distribution of your assets. It can also include asset protection and tax savings.
  • Simple Will
    You may need this document if you intend to leave all your assets to one or more specific entities. This is a simpler version of a Last Will and Testament.

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