We make it so easy, you can appoint a NSW attorney in minutes minutes without paying a lawyer.
Enter your details online with our easy-to-follow tips and examples.
We email your completed NSW Power of Attorney as a PDF document, for you to print.
You and your attorney sign with two witnesses, using the signing instructions in the document.
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.
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.
Follow the the instructions in the document (and sign with two witnesses), to create a valid and legally binding appointment of your attorneys.
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.
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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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
LEARN
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.
I am going overseas and need to appoint a friend to take care of my assets here in Australia while I am away.
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.
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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CHECKLIST
The Enduring Power of Attorney Form NSW from Legal Zebra is comprehensive and up to date. This is a checklist of what's included:
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.
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.
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.
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.
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).
The Power of Attorney form includes detailed tips, examples and instructions to assist you to complete it with ease.
The form requires the signature of your attorney/s. That is, to confirm they will accept the appointment and act responsibly in their role.
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LEARN
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.
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.
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:
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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PRICING
Create your own document instantly.
Email or phone support.
PDF Document.
Create your own document instantly.
Legal advice by email or phone.
Interactive PDF & Word Template.
Checked by a Lawyer before signing.
Lawyer prepares a customised Agreement for you.
Legal advice by email, phone or video.
Interactive PDF & Word Template.
Checked by a Lawyer before and after signing.
Special clauses. Eg, directions to your attorney
WE'VE WORKED WITH
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.
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.
When you make a NSW Power of Attorney, it's a good time to consider these other related documents:
Appoint one or more people to make decisions on your behalf, such as your trusted family members. Perhaps you will appoint your partner.