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.

Where to store your document

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.