Power of Attorney

A power of attorney is a legal document through which you (known as the principal) can appoint a person (known as the attorney) to make decisions about your property or financial affairs. There are now various types of appointments, the most common being a general power of attorney and an enduring power of attorney. The difference is that a general power of attorney ceases to have effect after you lose the mental capacity and therefore your attorney can no longer make financial decisions. An enduring power of attorney will continue to have effect even after you lose mental capacity. By making an enduring power of attorney, you are choosing who you want to manage your financial affairs if you lose the mental capacity to do this for yourself.

At the end of the enduring power of attorney form there is a witness's certificate which is required under section 19 of the Powers of Attorney Act.

This certificate can only be completed by:

If your attorney wants to use the enduring power of attorney to deal with any real estate you own in NSW, ie buying or selling, leasing or mortgages, then the power of attorney must be registered with Land and Property Information NSW. There is a fee charged for registering an enduring power of attorney. Even if there is no requirement to register the power of attorney, at the time you sign the document, you may still choose to do so.

A power of attorney ends:

An attorney can have enormous power over your affairs. You should choose an attorney whom you trust and who will manage your finances in a responsible way. An appointment ends upon your death or if formally revoked by the principal. At Coastal Mobile Legal Service we pride ourselves on our expertise and resulting client satisfaction with the quality of the documents we produce.

Please feel free to contact us to discuss your requirements in more detail.