Enduring Power of Attorney NSW Form

We make it so easy, you can appoint a NSW attorney in minutes minutes without paying a lawyer.

DIY

How it works

Type in your details

Enter your details in our online form

Enter your details online with our easy-to-follow tips and examples.

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Type in your details
Print out
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Print out

Print out the form

We email your completed NSW Power of Attorney as a PDF document, for you to print.

Sign the document

Sign in front of two witnesses

You and your attorney sign with two witnesses, using the signing instructions in the document.

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Sign the document
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WHY LEGAL ZEBRA

Appoint a trusted loved one as your attorney. Do it the easy way!

The whole process is straight-forward. It generally takes no more than 9 minutes to answer the questions and you will receive the completed form immediately.

Save at least $300 in legal fees by preparing your NSW Enduring Power of Attorney Form with Legal Zebra's DIY service rather than hiring a lawyer to prepare it for you.

Easy to use

Easy to Use

An online form guides you step-by-step through the process. Simply, answer a few questions and we will send you a completed NSW Power of Attorney Form.

Legally Binding

Legally Binding

Follow the the instructions in the document (and sign with two witnesses), to create a valid and legally binding appointment of your attorneys.

Unlimited Edits

Unlimited Edits

Changed your mind about something in your Power of Attorney? No worries! You can make as many changes as you need to get your document right.

Latest update

Latest Update (2022)

The template we use to generate your customised Power of Attorney Form is up to date and effective under the laws of New South Wales.

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What a great platform! As a small business owner I needed 1 or 2 documents and these were all easily accessible, affordable and made sense without any legal jargon! Thank you for a great service offering.

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This is a great platform, extremely affordable and a simple process. The service could not be more efficient. Thank you Shanti!

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So glad I found Legal Zebra. I found the exact template I needed for our business, and also a few others I didn't know I needed. Great website, easy to navigate. In a few minutes I had a straight forward, easy to understand and apply legally binding document ready to go. Thank you Shanti and the team at Legal Zebra

Marisa Lo Certo

What a great platform! As a small business owner I needed 1 or 2 documents and these were all easily accessible, affordable and made sense without any legal jargon! Thank you for a great service offering.

Natalie Hogan

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Who is this Enduring Power of Attorney for?

Appointing an attorney to act for me while I am overseas

I am going overseas and need to appoint a friend to take care of my assets here in Australia while I am away.

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Making my wife my attorney to manage our bank accounts

My wife is managing our financial affairs as I am getting older. The bank and other people we deal with need to see I've given her a Power of Attorney, before she can do things for me.

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Giving my children a power of attorney to take care of me as I'm ageing

I am getting older and it's becoming more difficult for me to manage my own affairs. I want to give my two kids, Ethen and Joan, a power of attorney so they can look after my affairs.

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I am in an aged care home and need a POA

I am living in an aged-care home and want my kids to sell my house. Therefore, I need to give them the power-of-attorney so they can legally deal with the lawyers and real estate agents and sign the papers to sell the home for me.

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SPECIAL OFFER

Get a FREE draft NSW Power of Attorney now (no credit card required). Order a final signing version for only $17.

CHECKLIST

Checklist - Appointing an enduring attorney in NSW

The Enduring Power of Attorney Form NSW from Legal Zebra is comprehensive and up to date. This is a checklist of what's included:

Choose your attorney/s
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Appoint one or more people to make decisions on your behalf, such as your trusted family members. Perhaps you will appoint your partner.

Choose your substitute attorney/s
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Appoint substitute attorneys to act in case your first choice of attorneys resign or are otherwise unable to act. You can appoint your children as substitute attorneys, for example, if you partner can't act.

Decide how your attorneys will make decisions together
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Specify how your attorneys must make descisions when you have more than one attorney. Do they all need to act together? Can they act individually? If there are more than two attorneys, can they act by majority agreement? It's your choice.

Set a start date for the appointment of your attorney/s
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You have the option to determine when your Enduring Power of Attorney will commence. For example, when you are overseas, when you lose capacity or perhaps immediately.

Specify any limits on your NSW attorney's powers
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The NSW Enduring Power of Attorney form allows you to limit your attorney/s' powers. It asks you these questions:

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- Do you authorise your attorney/s to confer benefits on themselves to meet their reasonable living and medical expenses?

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- Do you authorise your attorney/s to give reasonable gifts using your assets and money?

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- Do you authorise your attorney/s to confer benefits on any specific people to meet their reasonable living and medical expenses? This could include your children or other family members who depend on you.

Follow the signing instructions for a NSW EPOA
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Clear instructions are included in the document to ensure you sign and witness the Enduring Power of Attorney document correctly so that it is binding under the laws of New South Wales (NSW).

Helpful tips to complete your power of attorney
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The Power of Attorney form includes detailed tips, examples and instructions to assist you to complete it with ease.

The attorneys state they will accept the position
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The form requires the signature of your attorney/s. That is, to confirm they will accept the appointment and act responsibly in their role.

SPECIAL OFFER

Create your draft NSW Power of Attorney completely free. Happy with it? Order a final version for only $17.

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Frequently Asked Questions

What is a NSW enduring power of attorney?
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An enduring power of attorney is a legal document you can sign to authorise someone else to act on your behalf.

While people understand the importance of making a Will, they often overlook making a power of attorney.

A Will determines who will take control and receive your assets when you pass away. But what happens if you are still alive but don't have the capacity to take care of your own affairs and keep the bills paid? This is where a power of attorney comes in.

A power of attorney documents allows you to appoint your partner or your children, for example, to look after your finances and pay the bills when you are too old to manage these tasks on your own.

By granting someone a power of attorney, you give them legal authority to act for you. This includes the power to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts and spending money on your behalf.

In NSW, you can specify that your power of attorney either starts immediately or once a medical practitioner certifies that you can no longer manage your own affairs.

You can grant either a "general" power of attorney or an "enduring" power of attorney. The difference is that an enduring power of attorney continues not only while you have mental capacity, but will "endure" (continue) even if you lose your mental capacity.

It is important to make an enduring, rather than general, power of attorney. With an enduring power of attorney, if you have an accident that puts you in a coma, you suffer from dementia or you lose mental capacit for any other reason, someone can still take care of your affairs.

Of course, you wont have the opportunity to nominate who controls your legal and financial affairs after you lose capacity, so you should do it now while you still can.

You attorney must exercise their powers for your benefit. Nonetheless, this gives your attorney a broad discretion to manage your affairs as they see best. It is, therefore, important to chose an attorney who is reliable and trustworthy.

The NSW Enduring Power of Attorney form gives you the option to appoint one or more attorneys. You can also decide whether they all need to agree on each decision (that is, act jointly) or whether they can act independently (jointly and severally).

In NSW, the appointment of an attorney is only effective if the attorney accepts their appointment. The attorney must sign the power of attorney document, which requires them to accept that:

- they must always act in the best interests of you, the principal.

- they must keep their own money and property separate from yours.

- they must keep accounts and records, and

- act honestly.

When to use Legal Zebra's NSW Enduring Power of Attorney form
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You should use our Enduring Power of Attorney form for NSW if:

- you reside in the State of New South Wales (NSW), Australia or

- you live elsewhere but you want to grant someone the power to deal with real estate that you own in NSW.

This form can be used even if your attorneys live outside of NSW.

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

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Chose who controls your legal and financial affairs if you lose capacity. Do it now, while you still can.

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Interactive PDF & Word Template.

Checked by a Lawyer before and after signing.

Special clauses. Eg, directions to your attorney

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GET HELP

Got questions about appointing an attorney in NSW?

I founded Legal Zebra to make the law easy for Australians to understand and to help them put their documents in black & white, even if they can't afford a lawyer.

The form for creating your Power of Attorney is easy to complete and includes my special tips. It’s designed so you can put your Enduring Power of Attorney (NSW) in black & white without seeing a lawyer.

You can contact me if you have questions or would like professional assistance customising the basic Enduring Power of Attorney Form NSW to suit your requirements. I'd love to help you get it right.

Mr Shanti Rubens B.Com LLB

Lawyer, Legal Zebra
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We are confident you will absolutely love Legal Zebra's system for putting your Enduring Power of Attorney (New South Wales) in black & white. That's because it's so easy to use.

If our online system doesn't give you everything you need to generate your customised NSW Enduring Power of Attorney form in minutes and save you spending hundreds of dollars on a lawyer, then contact us within 60 days of purchase for a 100% money back refund.

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