General Power of Attorney NSW

General Powers of Attorney

A general power of attorney allows an attorney to act on behalf of a principal in legal and financial matters, however, the document will cease to have effect when the principal loses mental capacity.

Often this is used for specific purposes or transactions, such as to sign documents on behalf of someone while they are overseas.

Enduring Powers of Attorney

An enduring power of attorney is usually prepared as part of an estate plan. The key difference between a general power of attorney and an enduring power of attorney is that the enduring power of attorney continues to have effect when the principal loses mental capacity.

This means it can be a very useful tool to allow your spouse or other family members to act on your behalf if you are mentally incapacitated, and is particularly useful in circumstances where family members might need to access your bank accounts, sell property to pay for medical or nursing home bills, or even sign on your behalf to renew a lease on a rental property.

General Power of Attorney - Elderly Couple

Make sure you act before it’s too late

A power of attorney is an incredibly powerful document that can have significant legal and financial consequences. It is essential to obtain specialised legal advice when preparing an important document like this.

At Thornton + King, our specialised estate lawyers have prepared thousands of power of attorney documents in Sydney. Our lawyers operate online, as well as in our offices in Balmain, Northbridge, Hornsby and Tea Gardens in New South Wales.

If you would like to speak to a specialised power of attorney lawyer, give us a call or submit an enquiry now.

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FAQs

A power of attorney is a legal document that allows a person (known as the principal) to appoint another person (known as the attorney) to make decisions and act on their behalf in relation to legal and financial matters.

Powers of attorney only operate while the principal is alive, and they cease to have effect once the principal has passed away. They can come in different forms and may be subject to different instructions or limitations depending on what the principal wrote in the document.

Commonly, powers of attorney in Sydney will include details such as:

When the power is valid;
When the power ceases to have effect;
Whether there are any limits on what the attorney can do; and
Whether the attorney can benefit from the power they have.

There are two main types of power of attorney in NSW, General and Enduring.

A power of attorney can only be given by a principal while they have the mental capacity to do so. This means if somebody has already lost capacity and needs assistance managing their affairs, they will not be able to appoint an attorney to look after their affairs.

A power of attorney document should be drawn up by a lawyer to ensure that the powers being granted are properly considered, that it is drafted in the correct form, that the strict signing and witnessing requirements (including the provision of solicitors certificates of advice where appropriate) are met, and if necessary, that the power of attorney is registered.

Failure to comply with these requirements can result in the power of attorney being invalid.

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