Power of Attorney
Power of Attorney
A Power of Attorney in NSW is a legal document that lets you appoint someone to manage your finances and property.
Types of Power of Attorney
- General Power of Attorney: Used for a specific time or task (like traveling overseas). It ends if you lose the mental capacity to make decisions.
- Enduring Power of Attorney: Continues to work even if you lose your mental capacity
What an Attorney Can and Cannot Do
- Can do: Pay bills, run bank accounts, sell real estate, and manage investments.
- Cannot do: Make medical, health, or lifestyle decisions (you need an Enduring Guardian for that).
How to Create a Power of Attorney in NSW
- Choose your attorney: Pick a trusted person over 18 years old.
- Draft the document: You can use a solicitor or book an appointment and assist you to create your Power of Attorney.
- Witnessing: An Enduring Power of Attorney must be witnessed by an authorized person, such as a solicitor, barrister, or a Local Court Registrar, who must explain the document and certify your capacity.
- Registration: You only need to register the document with NSW Land Registry Services if your attorney needs to buy, sell, or deal with real estate in NSW.