Life can be unpredictable. Having a Power of Attorney in place ensures that someone you trust can manage your affairs if you’re unable to. Foye Legal provides clear and practical advice on both Power of Attorney and Enduring Power of Attorney in NSW, helping you plan for what matters most.
There are two types of Power of Attorney available in NSW, understanding the differences can assist you with determining which option may be best for your unique circumstances.
A Power of Attorney is a legal document that authorises another person to act on your behalf in respect of your finances. You can give that person as much or as little authority as you choose. It takes effect from the time you and your Attorney have signed it. You can set the length of time that Power Attorney will be in place. You can end it at any time you require. If you don’t set a time limit, it expires on your death, or in the event you no longer have the mental capacity to make your own decisions.
Requirements for a Power of Attorney:
An Enduring Power of Attorney is a legal document that gives someone else the authority to manage your financial affairs if you lose the mental capacity to do so. This authority remains in place until your death, after which your executor takes over decision-making responsibilities. An Enduring Power of Attorney may become necessary if you develop conditions such as dementia or Alzheimer’s or if you are incapacitated due to an accident.
Requirements for an Enduring Power of Attorney
To establish an Enduring Power of Attorney, the following conditions must be met:
If you are concerned about decisions made by someone acting under an Enduring Power of Attorney, you can apply to NCAT to have the arrangement reviewed or amended.
For guidance on making an application to NCAT or to discuss your options, contact our office for a free initial consultation.
Take control of your future with the right legal support. Contact Foye Legal today for trusted advice on Power of Attorney and Enduring Power of Attorney, and make confident, informed decisions that protect your interests and give peace of mind to those you trust most.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
A Power of Attorney is a legal document that allows you (the principal) to appoint another person (the attorney) to make decisions on your behalf. This can be crucial for managing your financial and legal affairs if you become unable to do so yourself due to illness, injury, or absence. Different types of Powers of Attorney exist for specific needs and durations.
In Australia, common types include:
General Power of Attorney: Grants broad powers to the attorney to act on your behalf, typically for a limited time (e.g., while you’re overseas).
Enduring Power of Attorney (EPOA): Continues effective even if you lose mental capacity. Depending on the state or territory, it can cover financial and/or personal (lifestyle and healthcare) decisions.
Medical Power of Attorney (or similar, depending on the state/territory): It appoints someone to make decisions about your medical treatment if you cannot do so yourself. This is often included within or separate from an EPOA.
You can generally appoint any adult you trust to be your attorney, provided they are of sound mind. Your attorney has a legal responsibility to act in your best interests, honestly and diligently, and according to the instructions outlined in the Power of Attorney document. They must keep their finances separate from yours and avoid any conflicts of interest. It’s crucial to choose someone you trust implicitly.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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