Enduring Power of Attorney (NSW)
An Enduring Power of Attorney can be used to give an attorney the authority to act on your behalf even if you lose your mental capacity to manage your own affairs.
Last updated February 14, 2025
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What is an enduring power of attorney?
What is an enduring power of attorney?
An enduring power of attorney is a legal document that lets you appoint someone, called your attorney, to manage your financial and legal affairs, and it keeps working even if you later lose the mental capacity to make decisions yourself.
In NSW, it's governed by the Powers of Attorney Act 2003 and covers money and property matters only, not health or lifestyle decisions.
What's the difference between an enduring power of attorney and a general power of attorney?
What's the difference between an enduring power of attorney and a general power of attorney?
A general power of attorney automatically ends the moment you lose mental capacity, while an enduring power of attorney keeps operating specifically because that's the situation it's designed for.
If you're planning ahead for illness, injury or ageing, an enduring power of attorney is the one that actually protects you once you can no longer manage things yourself.
Who can you appoint as your attorney?
Who can you appoint as your attorney?
You can appoint one or more individuals aged 18 or over who aren't bankrupt or insolvent, and NSW law doesn't require them to be a relative or professional.
Since your attorney will have significant control over your financial and legal affairs, choose someone you genuinely trust, and consider naming a substitute in case your first choice can't act later.
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Frequently asked questions
Does an enduring power of attorney cover health or lifestyle decisions?
keyboard_arrow_upDo I need an enduring power of attorney if I already have an enduring guardian?
keyboard_arrow_upWhat decisions can your attorney make under an enduring power of attorney?
keyboard_arrow_upCan I appoint more than one attorney or a substitute under an enduring power of attorney?
keyboard_arrow_upWhat are the key risks and protections of an enduring power of attorney?
keyboard_arrow_upWhat can I do if my attorney isn't acting in my best interests?
keyboard_arrow_upWhat happens if you want to revoke or change your enduring power of attorney?
keyboard_arrow_upWhat's the most common mistake people make when setting up an enduring power of attorney?
keyboard_arrow_upHow should an enduring power of attorney be signed and witnessed in NSW?
keyboard_arrow_upDo I need to register my enduring power of attorney in NSW?
keyboard_arrow_upIs a NSW enduring power of attorney valid if I move interstate or own property in another state?
keyboard_arrow_upHow long does it take to create an enduring power of attorney?
keyboard_arrow_upHow much does it cost to get an enduring power of attorney, template versus a lawyer?
keyboard_arrow_upView Sample Enduring Power of Attorney (NSW)
The Legal Risk Score of a Enduring Power of Attorney (NSW) Template is High
Our legal team have marked this document as high risk considering:
- It takes control of important decisions away from the principal.
- It places a high liability risk on the attorney.
- There are specific execution and drafting requirements, with little room for error when completing the document.
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Articles about Enduring Power of Attorney (NSW)
Differences Between Enduring Guardian & Power of Attorney
You may have heard the phrases Enduring Guardian and Power of Attorney thrown around in conversation. But what do they mean? Read our guide to find out.
Difference Between a General and Enduring Power of Attorney (2025 Update)
The difference between General & Enduring POAs is that the latter can still make decisions for you after you've lost the capacity. Read why.
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You can voluntarily resign from being a power of attorney, provided certain conditions are met. Read on to find out more.
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There may be times when you wish to revoke an appointed Power of Attorney (POA). Find out how revoke a Power of Attorney here.
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You can appoint a Power of Attorney (PoA) by completing a form, signing it and having it witnessed. Find out more here.
Who Can Witness a Power of Attorney Document?
Different Australian States and Territories have different requirements when it comes to witnessing a Power of Attorney (POA). Find out what they are here.
What Does Power of Attorney Mean? (2025 Update)
Are you concerned about your interests if you lose capacity? Learn how to protect your interests through a Power of Attorney here.
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A Power of Attorney can also be appointed to help manage the affairs of a company. Find out how a Company Power of Attorney works here.
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Concerned about protecting yourself if you lose capacity? Find out all you need to know about enduring guardians and their functions here.
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