Powers of Attorney
General and enduring powers of attorney under the Powers of Attorney Act 2003 (NSW).
Appointing Someone to Manage Your Financial Affairs
A power of attorney lets someone you trust make financial and legal decisions for you. An enduring power of attorney continues to operate if you lose mental capacity, which is the situation in which it matters most. Putting one in place while you have capacity is a straightforward piece of work that avoids the cost and delay of a guardianship tribunal application later.
What Is a Power of Attorney?
A power of attorney is a legal document authorising another person, your attorney, to act on your behalf in financial and legal matters, from paying bills to buying and selling property.
General and Enduring Powers of Attorney
A general power of attorney is often used for a limited or short term purpose and ends if you lose capacity. An enduring power of attorney, made under the Powers of Attorney Act 2003 (NSW), continues to operate after you lose capacity, which is why most estate plans include one.
Key features of your appointment
Choosing and Appointing Your Attorney
Attorneys can be appointed jointly, requiring agreement between them, or jointly and severally, where any one can act alone, with a substitute named if your first choice cannot continue. The appointment starts once accepted in writing and can operate immediately or only once you lose capacity.
Powers and Limitations
The appointment can be broad or limited to specific purposes, such as a particular sale of property or a bank account while you are travelling, with conditions such as requiring your attorney to keep accounts or seek advice before major decisions.
Safeguards Against Misuse
The document can require your attorney to keep records, prohibit gifts beyond a stated amount, and set out who should be kept informed of significant decisions, reducing the risk of an attorney overstepping their authority.
Revoking or Updating the Appointment
You can revoke a power of attorney at any time while you have capacity, with written notice to the former attorney and any institutions holding a copy. A new appointment is often made alongside an update to your will.
How Shah & Co Lawyers can assist
We prepare appointments that give your attorney clear authority while protecting you against misuse.
General Powers of Attorney
Appointments for limited or short term purposes.
Enduring Powers of Attorney
Appointments under the Powers of Attorney Act 2003 (NSW).
Joint Appointments
Joint and joint and several attorney appointments.
Conditional and Limited Powers
Specific authorities for property, business or banking matters.
Land Registry Registration
Registration with NSW Land Registry Services for dealings with land.
Revocation and Replacement
Revoking and replacing an existing power of attorney.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other wills & estates services
Wills
Preparation of wills, including simple wills, mutual wills and wills involving testamentary trusts.
Learn moreEstate Planning
Estate plans that take account of family circumstances, blended families, business interests, self-managed super funds and tax considerations.
Learn moreEnduring Guardianship
Appointments of enduring guardian under the Guardianship Act 1987 (NSW) for personal, lifestyle and medical decisions.
Learn moreProbate
Applications for probate of a will in the Supreme Court of New South Wales, including informal wills and contested matters.
Learn moreLetters of Administration
Applications for letters of administration where the deceased died without a will or where the executor is unable to act.
Learn moreEstate Administration
Administration of estates after a grant, including calling in assets, payment of liabilities, accounting to beneficiaries and distribution.
Learn moreSpeak with us about appointing a power of attorney.
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