Enduring Power of Attorney Form (NSW)

• Authorise someone to act on your behalf
• Important supplement to your Will
• Quick and easy online form

Very easy to use and great support provided. Highly recommend using Legal123. Stephen Claringbould
enduring power of attorney form small

In case you become mentally or physically incapacitated

Use an Enduring Power of Attorney to authorise someone to make financial and legal decisions on your behalf. For example:

  • Managing your bank accounts and share portfolio
  • Selling your property or real estate assets
  • Paying your day-to-day bills, etc.

An Enduring Power of Attorney, however, does not cover making medical decisions for you. In this case you’ll need a ‘Health Direction’ or ‘Advance Health Care Directive’.

Quick and easy online form

You can literally be done in 10 minutes. All you need is some basic information – the name and address of the person you are giving the authority to and a description of the duties to be performed. The template is written in plain English, so it’s easy to understand. Plus you can re-use the template again and again.

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online video instructions

Online video instructions and telephone support

Online video instructions are included. We step you through filling out the online form and explain important clauses as we go. But the form is not complicated and the instruction video is short.

And you can always call us if you have any questions.

The form needs to be signed by a ‘Prescribed Witness’

For your Enduring Power of Attorney to be valid you need a ‘Prescribed Witness’ to go through the document with you and then sign it. A ‘Prescribed Witness’ can be:

  • Australian or overseas lawyer
  • Local court registrar
  • Licensed conveyancer, or
  • Qualified trustee company employee

The law requires this because you are granting important powers over your affairs to another person.

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Is the Enduring Power of Attorney right for me?

I don’t live in NSW …
This Enduring Power of Attorney template is valid in NSW only. Legal123 will be adding templates for additional States soon. Use our contact form to check release dates.

I’m worried about being on a life support machine …
An Enduring Power of Attorney covers making financial and legal decisions on your behalf. It does not cover making medical decisions for you. In this case you’ll need a ‘Health Direction’ or ‘Advance Health Care Directive’.

My ageing parent may develop Alzheimer’s …
Then you need your parent to set up an Enduring Power of Attorney. This will allow you to make financial and legal decisions on their behalf after they lose their mental faculties.

I’m going into hospital …
If you just want a trusted friend or business colleague to take care of a matter for you (e.g. paying bills, buying/selling a car or property, etc.) then use a Power of Attorney form.

The form includes

  • Multiple ‘attorneys’ – You can nominate up to 4 ‘attorneys’ (people you trust) to act on your behalf.
  • Multiple recipients – You can nominate up to 4 recipients to receive funds for their living, medical, travel, etc. expenses.
  • Variable start date – You can select either straight away, when your ‘attorneys’ determine you need assistance or when a medical professional considers you need help.
  • Limitations clause – You can add any special conditions or limitations you wish to place on your ‘attorneys’.
  • ‘Prescribed Witness’ certificate – To ensure your Enduring Power of Attorney form is valid.
  • Online videos – Explaining who can act as your ‘attorney’, if your Enduring Power of Attorney needs to be registered and how to revoke your Enduring Power of Attorney.

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Enduring Power of Attorney Form (NSW)

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