Powers of Attorney & Enduring Guardianship

A Power of Attorney, like a Will, is a way of preparing and planning for the future.

Anne can assist you by preparing a Power of Attorney which is a legal document that appoints and authorises someone to act on your behalf in the areas of property and financial management. It does not authorise anyone to make other decisions, such as those relating to lifestyle, health or personal affairs; these are covered by appointing an Enduring Guardian.

If you want your Power of Attorney to still be valid even if you lose your mental capacity after you make it, you must make an Enduring Power of Attorney. In this case, the Power of Attorney must be explained to you by a prescribed person such as a lawyer, and that person must sign a certificate stating that you understood its effect.  

A Power of Attorney must be registered at NSW Land Registry Services if it is to be used to sign a document relating to real estate or land.

To enable personal, health or lifestyle decisions to be made, you should  contact Anne to assist you to appoint an Enduring Guardian. This is a legally binding appointment under the Guardianship Act 1987 (NSW). 

There are certain procedural requirements to be followed, such as appropriate forms and witnesses, for the appointment to be valid. For example, both you and your prospective guardian must sign the form in front of a prescribed person such as a solicitor.  

An Advance Health Care directive which is a statement, written in advance, setting out what medical treatment you want or do not want, if unable to communicate it yourself, can also be attached to an Enduring Guardianship document. Contact Anne for more information on the types of Advance Care Directives available.