Enduring Power of Attorney - NSW

What is the purpose of this document?

An Enduring Power of Attorney is a legal document where you (the Principal) appoint someone (the Attorney) to make financial and legal decisions on your behalf. This may include managing matters such as banking, shares, real estate, and paying your bills.

The word "enduring" means that this document will continue to operate when you are unable to make these types of decisions for yourself.

Checklist is not available for this document.

Sample is not available for this document.

Principal
• What needs to have occurred before I complete this document?
• What do I need to complete this document?
• What is an Enduring Power of Attorney?
• Who can give an Enduring Power of Attorney?
• Are you of sound mind?
• Will my Enduring Power of Attorney apply after I die?
• The Principal’s Name
• Will the Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Do I need to register my Enduring Power of Attorney anywhere?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
How many Attorneys?
• What is the Attorney’s Role?
• Will my Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Do I need to register my Enduring Power of Attorney anywhere?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
• How do my Attorneys act? Jointly?
One Attorney
• What is the Attorney’s Role?
• The Attorney’s Name
• Will my Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Do I need to register my Enduring Power of Attorney anywhere?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
Two Attorneys
• What is the Attorney’s Role?
• The Attorney’s Name
• Will my Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
• How do my Attorneys act? Jointly?
Substitute Attorney
• What is the Substitute Attorney’s Role?
• Will my Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Do I need to register my Enduring Power of Attorney anywhere?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
• How do my Substitute Attorneys act? Jointly?
How many Substitute Attorneys?
• What is the Substitute Attorney’s Role?
• Will my Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Do I need to register my Enduring Power of Attorney anywhere?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
• How do my Substitute Attorneys act? Jointly?
One Substitute Attorneys
• What is the Substitute Attorney’s Role?
• The Substitute Attorney’s Name
• Will my Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Do I need to register my Enduring Power of Attorney anywhere?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
Two Substitute Attorneys
• What is the Substitute Attorney’s Role?
• The Substitute Attorney’s Name
• Will my Enduring Power of Attorney apply after my Attorney dies?
• Can this document be used to make personal, lifestyle and health decisions?
• Do I need to register my Enduring Power of Attorney anywhere?
• Are witnesses required?
• What is a prescribed witness?
• What is the role of the witness?
• How do my Substitute Attorneys act? Jointly?

---

Principal

• What needs to have occurred before I complete this document?

  You should have:

  • discussed your wish to make an Enduring Power of Attorney with your Attorney(s) (and Substitute Attorney(s) if applicable); and
  • ensured that your Attorney(s) (and Substitute Attorney(s) if applicable) is willing to accept the responsibility of making financial and legal decisions on your behalf.

  This hint is provided by Law Central Legal.

  ---

  #

• What do I need to complete this document?

  To start with, you will need the following:

  • the full names and addresses of your Attorney(s); and

  • the full names and addresses of your Substitute Attorney(s) (if applicable).

  This hint is provided by Law Central Legal.

  ---

  #

• What is an Enduring Power of Attorney?

  An Enduring Power of Attorney is a legal document where you (the Principal) appoint someone (the Attorney) to make financial and legal decisions for you when you are unable to make these types of decisions for yourself. This may include managing matters such as banking, shares, real estate, and paying your bills.

  This hint is provided by Law Central Legal.

  ---

  #

• Who can give an Enduring Power of Attorney?

  You can give an Enduring Power of Attorney if you are:

  • of sound mind (i.e. you are mentally competent to make reasonable and rational decisions for yourself); and
  • at least 18 years old.

  This hint is provided by Law Central Legal.

  ---

  #

• Are you of sound mind?

  You are of sound mind when you have the ability to understand, retain, believe, evaluate and weigh the information which is relevant to appointing an Attorney.
  
  This is an important question because you can give an Enduring Power of Attorney to someone only if you are of sound mind. For example, if you have suffered a stroke, suffer from a medical condition or are getting old, then someone may claim that you weren't of sound mind when you signed your Enduring Power of Attorney.
  
  If there is any doubt about your mental capacity you should speak to your local doctor and request that they provide a note confirming that you have the mental capacity to understand the nature and purpose of the Enduring Power of Attorney.
  
  You should keep the doctor's note in a safe place along with your Enduring Power of Attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after I die?

  No. When you (as the Principal) die the Enduring Power of Attorney becomes null and void (i.e. it ceases to have any effect).

  This hint is provided by Law Central Legal.

  ---

  #

• The Principal’s Name

  The Principal is the person who grants to the Attorney(s) (and Substitute Attorney(s) if applicable) the power to make financial and legal decisions for the Principal in the event that the Principal is unable to make such decisions themselves.
  
  Insert the Principal’s first name into the First Name field, the Principal’s middle name into the Middle Name field and the Principal’s surname in the Last Name field.
  
  (Eg: Fred John Smith)
  

  This hint is provided by Law Central Legal.

  ---

  #

• Will the Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Do I need to register my Enduring Power of Attorney anywhere?

  If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

  • The NSW Office of State Revenue for stamping; or
  • Land and Property Information office.
  However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.
  
  A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.
  
  Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.
  
  Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
  • it will be on record as a public document;
  • it will be safe from loss and destruction; and
  • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
  If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

  This hint is provided by Law Central Legal.

  ---

  #

• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

How many Attorneys?

• What is the Attorney’s Role?

  Your Attorney’s role is to make financial and legal decisions on your behalf when you are unable to make such decisions yourself. Your Attorney(s) must:

  • act in your best interests;
  • wherever possible, make the same decision that you would have made; and
  • avoid situations where there is a conflict of interest.

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Do I need to register my Enduring Power of Attorney anywhere?

  If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

  • The NSW Office of State Revenue for stamping; or
  • Land and Property Information office.
  However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.
  
  A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.
  
  Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.
  
  Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
  • it will be on record as a public document;
  • it will be safe from loss and destruction; and
  • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
  If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

  This hint is provided by Law Central Legal.

  ---

  #

• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• How do my Attorneys act? Jointly?

  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

One Attorney

• What is the Attorney’s Role?

  Your Attorney’s role is to make financial and legal decisions on your behalf when you are unable to make such decisions yourself. Your Attorney(s) must:

  • act in your best interests;
  • wherever possible, make the same decision that you would have made; and
  • avoid situations where there is a conflict of interest.

  This hint is provided by Law Central Legal.

  ---

  #

• The Attorney’s Name

  The Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) in the event that you are unable to make such decisions yourself.
  
  Insert the Attorney’s first name into the First Name field, the Attorney’s middle name into the Middle Name field and the Attorney’s surname in the Last Name field.
  
  (Eg: Fred John Smith)

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Do I need to register my Enduring Power of Attorney anywhere?

  If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

  • The NSW Office of State Revenue for stamping; or
  • Land and Property Information office.
  However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.
  
  A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.
  
  Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.
  
  Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
  • it will be on record as a public document;
  • it will be safe from loss and destruction; and
  • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
  If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

  This hint is provided by Law Central Legal.

  ---

  #

• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

Two Attorneys

• What is the Attorney’s Role?

  Your Attorney’s role is to make financial and legal decisions on your behalf when you are unable to make such decisions yourself. Your Attorney(s) must:

  • act in your best interests;
  • wherever possible, make the same decision that you would have made; and
  • avoid situations where there is a conflict of interest.

  This hint is provided by Law Central Legal.

  ---

  #

• The Attorney’s Name

  The Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) in the event that you are unable to make such decisions yourself.
  
  Insert the Attorney’s first name into the First Name field, the Attorney’s middle name into the Middle Name field and the Attorney’s surname in the Last Name field.
  
  (Eg: Fred John Smith)

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• How do my Attorneys act? Jointly?

  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

Substitute Attorney

• What is the Substitute Attorney’s Role?

  Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

  • you are unable to make such decisions yourself; and
  • your appointed Attorney(s):
    • dies;
    • resigns; or
    • otherwise vacates their office.
  Your Substitute Attorney(s) must:
  • act in your best interests;
  • wherever possible, make the same decision that you would have made; and
  • avoid situations where there is a conflict of interest.

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Do I need to register my Enduring Power of Attorney anywhere?

  If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

  • The NSW Office of State Revenue for stamping; or
  • Land and Property Information office.
  However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.
  
  A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.
  
  Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.
  
  Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
  • it will be on record as a public document;
  • it will be safe from loss and destruction; and
  • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
  If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

  This hint is provided by Law Central Legal.

  ---

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• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• How do my Substitute Attorneys act? Jointly?

  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Substitute Attorneys, they will act “jointly”.

  This hint is provided by Law Central Legal.

  ---

  #

How many Substitute Attorneys?

• What is the Substitute Attorney’s Role?

  Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

  • you are unable to make such decisions yourself; and
  • your appointed Attorney(s):
    • dies;
    • resigns; or
    • otherwise vacates their office.
  Your Substitute Attorney(s) must:
  • act in your best interests;
  • wherever possible, make the same decision that you would have made; and
  • avoid situations where there is a conflict of interest.

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Do I need to register my Enduring Power of Attorney anywhere?

  If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

  • The NSW Office of State Revenue for stamping; or
  • Land and Property Information office.
  However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.
  
  A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.
  
  Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.
  
  Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
  • it will be on record as a public document;
  • it will be safe from loss and destruction; and
  • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
  If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

  This hint is provided by Law Central Legal.

  ---

  #

• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• How do my Substitute Attorneys act? Jointly?

  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Substitute Attorneys, they will act “jointly”.

  This hint is provided by Law Central Legal.

  ---

  #

One Substitute Attorneys

• What is the Substitute Attorney’s Role?

  Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

  • you are unable to make such decisions yourself; and
  • your appointed Attorney(s):
    • dies;
    • resigns; or
    • otherwise vacates their office.
  Your Substitute Attorney(s) must:
  • act in your best interests;
  • wherever possible, make the same decision that you would have made; and
  • avoid situations where there is a conflict of interest.

  This hint is provided by Law Central Legal.

  ---

  #

• The Substitute Attorney’s Name

  The Substitute Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) when you and your appointed Attorney(s) are unable to make such decisions for yourselves.
  
  Insert the Substitute Attorney’s first name into the First Name field, the Substitute Attorney’s middle name into the Middle Name field and the Substitute Attorney’s surname in the Last Name field.
  
  (Eg: Fred John Smith)
  

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Do I need to register my Enduring Power of Attorney anywhere?

  If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

  • The NSW Office of State Revenue for stamping; or
  • Land and Property Information office.
  However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.
  
  A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.
  
  Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.
  
  Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
  • it will be on record as a public document;
  • it will be safe from loss and destruction; and
  • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
  If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

  This hint is provided by Law Central Legal.

  ---

  #

• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

Two Substitute Attorneys

• What is the Substitute Attorney’s Role?

  Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

  • you are unable to make such decisions yourself; and
  • your appointed Attorney(s):
    • dies;
    • resigns; or
    • otherwise vacates their office.
  Your Substitute Attorney(s) must:
  • act in your best interests;
  • wherever possible, make the same decision that you would have made; and
  • avoid situations where there is a conflict of interest.

  This hint is provided by Law Central Legal.

  ---

  #

• The Substitute Attorney’s Name

  The Substitute Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) when you and your appointed Attorney(s) are unable to make such decisions for yourselves.
  
  Insert the Substitute Attorney’s first name into the First Name field, the Substitute Attorney’s middle name into the Middle Name field and the Substitute Attorney’s surname in the Last Name field.
  
  (Eg: Fred John Smith)
  

  This hint is provided by Law Central Legal.

  ---

  #

• Will my Enduring Power of Attorney apply after my Attorney dies?

  This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.
  
  One Attorney (without Substitute Attorney(s))
  If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.
  
  One Attorney (with Substitute Attorney(s))
  If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.
  
  Two Attorneys (without Substitute Attorney(s))
  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).
  
  Two Attorneys (with Substitute Attorney(s))
  Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.
  
  If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
  In this instance, only your Substituted Attorneys can act as your attorney.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Can this document be used to make personal, lifestyle and health decisions?

  No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.
  
  If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.
  

  This hint is provided by Law Central Legal.

  ---

  #

• Do I need to register my Enduring Power of Attorney anywhere?

  If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

  • The NSW Office of State Revenue for stamping; or
  • Land and Property Information office.
  However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.
  
  A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.
  
  Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.
  
  Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
  • it will be on record as a public document;
  • it will be safe from loss and destruction; and
  • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
  If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

  This hint is provided by Law Central Legal.

  ---

  #

• Are witnesses required?

  Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

  This hint is provided by Law Central Legal.

  ---

  #

• What is a prescribed witness?

  A prescribed witness is a person whose occupation is any one of the following:

  • Australian legal practitioner;
  • Registrar of the Local Court;
  • licensed conveyancer who has successfully completed a course of study approved by the Minister;
  • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
  • a trustee company employee who has successfully completed a course of study approved by the Minister; or
  • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• What is the role of the witness?

  Your witness must watch you sign the Enduring Power of Attorney.
  
  They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

  This hint is provided by Law Central Legal.

  ---

  #

• How do my Substitute Attorneys act? Jointly?

  The Law Central Enduring Power of Attorney is set up so that if you have appointed two Substitute Attorneys, they will act “jointly”.

  This hint is provided by Law Central Legal.

  ---

  #

This document has been prepared by the law practice Law Central Legal

Liability limited by a scheme approved under Professional Standards Legislation