When to get a lawyer to help with your NSW Power of Attorney?

In some cases, it's wise to consult with a lawyer for advice on making an enduring power of attorney in New South Wales, Australia. A lawyer can help you to ensure the document format and signing process satisfies the requirements of NSW law.

A lawyer can also provide support:

• if you are concerned the person who intends to make a power of attorney has the legal capacity to understand what they are signing.
• if you want a solicitor or barrister to take file notes surrounding the grant of a power of attorney. This is useful if you anticipate there might be a legal dispute about the appointment.
• if you want help drafting special clauses to limit or expand your attorneys powers.

In NSW, one of the two witnesses to the signing of an Enduring Power of Attorney must hold a special qualification. This includes, amongst others, a solicitor or a Registrar of a Local Court. Contact your Local Court to make an appointment for a Registrar to witness your power of attorney, without charge.

Alternatively, it can be useful to enlist the help of a lawyer who can advise on your power of attorney and also certify that they have witnessed you sign the document.