Enduring Guardianship Lawyers in Sydney NSW
PBL Law Group is a leading NSW law firm specialising in Enduring Powers of Attorney to protect your financial & legal affairs.
- Secure your future with a robust Enduring Power of Attorney.
- Appoint a trusted person to manage your affairs.
- Protecting your financial & legal decisions.
- Strategic guidance for planning ahead.
Speak to our NSW Enduring Guardianship Lawyers Now
We will call you within 24 hours.
Who Our Sydney Enduring Power of Attorney Lawyers Help
Seniors & Retirees
We provide peace of mind by appointing a trusted person to manage your financial affairs if you lose capacity.
Parents & Spouses
We help protect your family's financial security in case of unexpected illness or injury.
Individuals with Health Concerns
We provide urgent advice to proactively appoint someone to manage your financial & legal affairs.
Business Owners & Directors
We ensure business continuity by appointing an attorney to manage your company & finances.
Property & Asset Owners
We help you appoint an attorney to ensure your property & investment portfolios are protected.
How Our NSW Enduring Power of Attorney Lawyers Can Help
Drafting Your Enduring Power of Attorney
We expertly draft a legally valid Enduring Power of Attorney, tailored to your specific financial & legal wishes.
Advice for Appointed Attorneys
We provide clear legal advice to your appointed attorney on their significant duties & responsibilities.
Reviewing & Revoking EPOAs
We assist in formally reviewing, updating, or revoking your EPOA if your circumstances or wishes change.
Real 5-Star Client Reviews
Speak to Our Enduring Guardianship Lawyers Now
We will call you within 24 hours.
Our 4-Step Appointment Process
1
Consultation & Guidance
We discuss your wishes & provide strategic advice on appointing the right Guardian for you.
2
Drafting Your Appointment
Our lawyers meticulously draft your Enduring Guardian document to be legally sound & reflect your instructions.
3
Review & Explanation
We review the document with you, explaining each clause to ensure you fully understand the authority you are granting.
4
Formal Signing
We guide you & your chosen Guardian(s) through the formal signing & witnessing process to make your appointment valid.
Speak to our NSW Enduring Power of Attorney Lawyers
We will call you within 24 hours.
Why Choose Our Enduring Power of Attorney Lawyers
1
Guaranteed Legal Validity
Our expert drafting & witnessing process ensures your EPOA is legally binding & will be accepted by banks & institutions.
2
Clear & Sensitive Advice
We take the time to understand your needs, explaining legal implications & tailoring the document to your wishes.
3
Proven Experience
Decades of experience drafting robust Enduring Powers of Attorney to protect our clients’ financial futures.
4
Complete Peace of Mind
Expert guidance ensuring your affairs will be in trusted hands if you lose capacity, giving you complete peace of mind.
Visit Our Sydney Wills & Estate Lawyers
We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in Gosford, Gorokan & Coffs Harbour.
Speak to our Sydney Enduring Power of Attorney Lawyers
We will call you within 24 hours.
We Guarantee A Legally Binding Appointment
In NSW, an Enduring Power of Attorney (EPOA) has strict legal requirements, including being witnessed by a qualified lawyer. A DIY kit or an improperly signed document can be declared invalid by banks & government bodies.
Our expert lawyers eliminate that risk. We draft & witness your EPOA to be clear, unambiguous, & fully compliant with NSW law. This ensures your appointment is legally binding & will be accepted when your family needs it most.
Appoint Someone You Trust, Or a Tribunal Will
If you lose capacity without a valid EPOA, your assets can be frozen. No one—not even your spouse—has the automatic right to manage your finances or sell property on your behalf.
Your family would be forced into a stressful & costly application to a tribunal to be appointed as your financial manager. An EPOA puts you in control, saving your loved ones from an arduous legal process & ensuring your affairs are managed by someone you personally trust.
Speak to our NSW Enduring Power of Attorney Lawyers
We will call you within 24 hours.
NSW Enduring Power of Attorney FAQs
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPOA) is a legal document that lets you appoint a trusted person (your ‘attorney’) to make financial and legal decisions on your behalf. Crucially, it continues to operate even if you lose the mental capacity to make decisions for yourself.
What decisions can my attorney make?
Your attorney can manage your financial affairs, such as operating bank accounts, paying bills, managing investments, and buying or selling property on your behalf, subject to any limits you set in the document.
What is the difference between a General Power of Attorney and an Enduring Power of Attorney?
A General Power of Attorney is often used for a specific time or purpose (e.g., while you are overseas) and automatically becomes invalid if you lose mental capacity. An Enduring Power of Attorney is specifically designed to continue operating after you lose capacity, providing long-term protection.
Can my attorney make health or lifestyle decisions for me?
No. An Enduring Power of Attorney only covers financial and legal decisions. You need a separate document, an Appointment of Enduring Guardian, to appoint someone to make health, medical, and lifestyle decisions.
When does an Enduring Power of Attorney start?
You can specify when it begins. It can start immediately upon signing, on a specific date, or only after a doctor certifies that you have lost the capacity to make your own decisions.
Who can I appoint as my attorney?
You can appoint any trusted and capable person over 18, such as a spouse, adult child, close friend, or a professional like a solicitor. It is vital to choose someone who will act in your best interests.
Can I appoint more than one attorney?
Yes, you can appoint multiple attorneys. You must specify whether they must make all decisions together (jointly) or if they can make decisions independently (jointly and severally).
Why can't I just wait until I need one to make it?
You can only make an Enduring Power of Attorney while you have full mental capacity to understand the document. If you wait until after an accident or illness causes you to lose capacity, it will be too late.
(9) What happens if I lose capacity without an EPOA?
No one, not even your spouse, automatically has the right to manage your finances. Your family would need to apply to the NSW Civil and Administrative Tribunal (NCAT) to have a financial manager appointed, which is a stressful and costly process.
Do I need a lawyer to prepare an Enduring Power of Attorney?
Yes. In NSW, the document must be explained to you and witnessed by a qualified legal practitioner to be valid. This ensures you fully understand the significant powers you are giving to your attorney.
Can I put limits on my attorney's power?
Yes. You can include specific instructions or place limits on your attorney’s authority, for example, by preventing them from making certain types of investments or selling specific assets.
Does my attorney have to accept the appointment?
Yes. For an Enduring Power of Attorney to be valid, the person you appoint must formally accept the role by signing the document in the presence of a witness.
Can my attorney change my Will?
No. An attorney appointed under an Enduring Power of Attorney has no authority to make or change your Will.
How can I cancel or revoke my Enduring Power of Attorney?
You can revoke your EPOA at any time, as long as you still have the mental capacity to make that decision. The revocation must be done in writing, and you must inform your attorney.
Does an Enduring Power of Attorney need to be registered?
It only needs to be registered with NSW Land Registry Services if your attorney needs to deal with real estate on your behalf (e.g., selling your house). However, registering it can provide extra security.
What are the duties of an attorney?
Your attorney has a legal duty to act honestly, diligently, and always in your best interests. They must keep their finances separate from yours and keep accurate records of all transactions made on your behalf.
What if my appointed attorney dies or loses capacity?
The appointment is automatically cancelled. To avoid this problem, it is wise to appoint a substitute or alternative attorney in the original document who can step in if your first choice is unable to act.
What is the risk of financial abuse with an EPOA?
Because you are giving someone significant control over your finances, there is a risk of abuse. This is why it is absolutely critical to choose someone you trust completely and to get expert legal advice on including safeguards.
What is the cost of preparing an Enduring Power of Attorney?
The cost varies depending on the complexity of your needs. At PBL Law Group, we provide a clear fee estimate upfront. This investment provides crucial protection and peace of mind for the future.
Is an EPOA made in another state valid in NSW?
Generally, yes. An Enduring Power of Attorney that was validly made in another Australian state or territory is usually recognised in NSW, but it’s wise to have it reviewed by a enduring power of attorney nsw.
How Our NSW Wills & Estate Lawyers Can Assist You
Wills Drafting & Review
We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.
Dispute a Will
Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.
Defending a Will
We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.
Family Provision Claims
Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).
Domestic Estate Planning
We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.
International Estate Planning
Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.
Grant of Probate
We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.
Enduring Power of Attorney
We prepare enduring powers of attorney to manage your future financial & legal decisions.
Enduring Guardianship
We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.
Testamentary Trusts
We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.
Intestacy Law & Advice
When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.
Letters of Administration
We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.
Estate Administration
We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.
Advance Care Directives
We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.
Special Disability Trusts
We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.
Speak to our Sydney Enduring Power of Attorney Lawyers
We will call you within 24 hours.
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