Making a Power of Attorney

To make a Power of Attorney or Enduring Power of Attorney you must complete a form and have it witnessed by a legally valid witness.  A witness can be:

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• A solicitor or barrister

• A Registrar of a NSW Local Court

• A licensed conveyancer who has completed an approved course under the Powers of Attorney Act 2003 (NSW), or

• An employee of NSW Trustee and Guardian or a Private Trustee company who has completed an approved course under the Powers of Attorney Act 2003 (NSW).

While printed Power of Attorney forms are available from places such as your newsagent, it is recommended that you seek advice from either a solicitor who will normally charge an hourly rate or a fixed fee, or a professional trustee, such as NSW Trustee and Guardian,  who will prepare your Power of Attorney without charge provided they are appointed attorney or substitute attorney with your spouse, de facto spouse or partner/person you are living with in a close personal relationship. Your Power of Attorney is an important legal document and it is important to have it tailored to meet your specific requirements, especially where you intend it to be enduring.

Appointing a Power of Attorney 

It is important to choose your attorney carefully. You need to be able to trust your attorney and know that they understand your wishes, have the skills to manage your finances and will act in your best interests.

Capacity and Enduring Power of Attorney

An ordinary Power of Attorney is only legal while you have capacity.  If you want to make sure your attorney can still operate if you lose capacity, you will need to appoint an Enduring Power of Attorney. 

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Q.1 If you want to appoint more than one person to be your attorney, do you want them to make decisions jointly or separately? 

Q.2 Do you want to appoint an independent specialist rather than someone you know?  

Q.3 When do you want the Power of Attorney to take effect? You can make a general or an Enduring Power of Attorney.  

Q.4 Do you want your attorney to use your money for their own reasonable living and medical expenses? For example, if they need to travel to deal with your affairs. If you are not sure about this, seek legal advice. 

Q.5 Do you want your attorney to use their money for the reasonable living and medical expenses of anyone else? For example, to continue financial support to someone you usually care for. If you are not sure about this, seek legal advice. 

Q.6 Do you want your attorney to be able to give reasonable gifts? For example, birthday gifts to relatives. Make a note of who you want to receive gifts, and any details about what these gifts should be. If you are not sure about this, seek legal advice. 

Q.7 Are there conditions or limitations you would like to put on your attorney? If so, make a note of the details below.