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:
- 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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