Everything You Need to Know About the Enduring Power of Attorney (Australia)

What is an Enduring Power of Attorney?
It is a document that authorises a trusted person (or persons) to handle your financial and legal matters, even if you later lose capacity.

Who can you appoint?

• A trusted individual, company, or NSW Trustee and Guardian.
• More than one attorney can be appointed, either jointly or jointly and severally.
• Substitute attorneys can also be nominated if your original attorney is no longer able to act.

When does it begin?

• Immediately after your attorney signs the form.
• When a medical practitioner certifies you cannot manage your affairs.
• When your attorney believes you need assistance.
• Or a date you specify.

Why is it important?

• Provides continuity in financial and legal matters if you lose mental capacity.
• Prevents family disputes by having a clear legal authority in place.
• Ensures your financial interests are safeguarded and managed responsibly.

Key Notes

• It does not cover health or lifestyle decisions (for that, you need an Enduring Guardianship appointment).
• Attorneys must act honestly, keep records, and always act in your best interest.
• The form may need to be registered with NSW Land and Property Information if it is used for property transactions.