Enduring Power of Attorney
An Enduring Power of Attorney authorises someone to make legal and financial decisions for you when you’re not able to yourself.
This could be because you may have lost the capacity to do so due to a serious illness or injury.
The legal document that outlines and authorises someone to manage legal and financial affairs on your behalf is an Enduring Power of Attorney. It:
- must be witnessed by a prescribed witness, which includes solicitors, certain employees of NSW Trustee & Guardian, Registrars of the Local Court, and others
- should be prepared in advance while you have capacity to do so
- ceases to have force when you die
Typical actions an attorney might take include:
- paying your bills
- signing legal documents
- selling or purchasing assets
- managing your money
- accessing bank accounts
You're able to specify any conditions and limitations that the attorney must abide by.
Store your Enduring Power of Attorney document in a safe place so that it can be accessed when needed. You can give a copy to both:
- your solicitor
- the person or organisation you've delegated as Enduring Power of Attorney
You can also store your Enduring Power of Attorney, and other end of life planning documents, for a fee with NSW Trustee & Guardian.