Power of Attorney kit (NSW)
Power of Attorney kit (NSW)
Appoint someone that you trust to make financial, medical or personal decisions on your behalf. Use this kit to make all the Power of Attorney forms you need. All our forms are prescribed by legislation and are up-to-date with ongoing changes to the law.
✓ General power of attorney
✓ Enduring power of attorney
✓ Appointment of Enduring guardian
✓ Simple explanation of the law
✓ Step by Step instructions
✓ Information booklet
✓ Interactive PDFs
✓ Easy to complete
What forms are included with this kit?
This kit includes an information guide, written by an expert Lawyer in plain language and the following forms:
Enduring Power of Attorney - Interactive PDF form with instructions
Appoints someone to manage your financial/legal affairs and continues to operate if you are unable to speak for yourself. Includes Revocation form.
Appointment of Enduring Guardian: Interactive PDF form with instructions
Appoints someone to manage your medical/personal affairs and continues to operate if you suffer incapacity.
General Power of Attorney: Interactive PDF form with instructions
Appoints someone to manage your legal/financial affairs and ceases to operate if you are unable to speak for yourself. Includes Revocation form.
What issues are covered?
The information guide covers the following issues:
- Different types of Powers of Attorney
- Explanation of different types of matters
- Who can be an Attorney
- What an Attorney can and cannot do
- How to complete a Power of Attorney
- How to sign a Power of Attorney to ensure its valid.
How does it work?
- Download the kit
- Save to your computer and complete following the instructions
- Sign your POA.
- Register your POA (if required).
What is a Power of Attorney?
A Power of Attorney is a legal document that appoints another person to manage your affairs and act on your behalf. The person you appoint is called an 'Attorney.' This is an expression and it does not mean that the person is a Lawyer or Solicitor.
What are the different types in NSW?
In NSW, there are 2 types of Powers of Attorney, a General and Enduring Power of Attorney. An Enduring Guardian can also be used to appoint a person to make personal and medical decisions. A General Power of Attorney is used to appoint a person to make your financial/legal decisions and is automatically cancelled if your decision making ability becomes impaired. An Enduring Power of Attorney can be used to appoint a person to make financial and legal decisions and continues to operate if your decision making ability becomes impaired.
Can an EPA be used to make medical decisions?
No. In NSW, you must use a separate Appointment of Enduring Guardian form to appoint a person to make your personal, medical and health care decisions.
Why do I need an Enduring Power of Attorney?
If there is no Enduring Power of Attorney in place, a guardianship order may need to be made to control a person's affairs. For most people, it's preferable to have the choice about who will act on their behalf, rather than allow that decision to be made by a Court, where the person has little say and no control over the process. A valid POA will help you to appoint a person that you trust to handle your affairs, instead of giving that power to the Courts.
How do I sign an Enduring Power of Attorney?
An Enduring Power of Attorney/Guardianship must signed by the Principal in the presence of a prescribed witness. A prescribed witness is a Solicitor or barrister in any state or territory, a Registrar of a Local Court, a Licensed conveyancer who has successfully completed a course of study approved by the Minister or a NSW Trustee & Guardian employee or Trustee company employee who has successfully completed a course of study approved by the Minister. The Attorney must sign the acceptance of appointment. The Attorneys signature does not need to be witnessed if signing an Enduring Power of Attorney. Most witnesses won't charge you to witness your signature. Therefore, you can make your own document and take it to an eligible witness for him or her to watch you sign.
What are the laws that govern Powers of Attorney?
In NSW, Powers of Attorney are governed by the Powers of Attorney Act 2003 (NSW). In NSW, an Enduring Power of Attorney only authorises an Attorney to act in relation to legal and financial matters. It does not allow the Attorney to handle a person's personal (including medical) matters. If you want someone to manage your personal matters, you must appoint an Enduring Guardian by completing the Enduring Guardianship form (included with this kit.) Don't be fooled into getting a POA kit that says it applies to all Australian states. The requirements for making a valid POA are different from state to state.