Enduring Power of Attorney Lawyers in Sydney & NSW
- 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.
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NSW Enduring Power of Attorney Lawyers Serving:
Seniors & Retirees
Providing peace of mind for seniors and retirees by appointing a trusted person to manage their financial affairs if they lose capacity in the future.
Seniors & Retirees
Parents & Spouses
Helping parents and spouses create Enduring Powers of Attorney to ensure their family's financial security is protected in case of unexpected illness or injury.
Parents & Spouses
Individuals with Health Concerns
Providing urgent and sensitive advice for individuals with a recent health diagnosis, helping them proactively appoint someone to manage their affairs.
Individuals with Health Concerns
Business Owners & Directors
Assisting business owners in appointing an attorney to manage business and personal finances, ensuring continuity if they become incapacitated.
Business Owners & Directors
Property & Asset Owners
Guiding individuals with significant property or investment portfolios in appointing an attorney to ensure their assets are managed and protected.
Property & Asset Owners
Our Enduring Power of Attorney Services
Drafting New Enduring Power of Attorney (EPOA)
We expertly draft clear and legally valid Enduring Powers of Attorney, tailored to your specific circumstances and wishes for your financial future.
Advising & Supporting Appointed Attorneys
We provide clear legal advice to appointed attorneys on their significant duties and responsibilities when managing someone else’s affairs.
Reviewing & Revoking EPOAs
We assist in formally reviewing, updating, or revoking an existing Enduring Power of Attorney if your circumstances or wishes change.
Speak to us Now or Request a Consultation.
Our Enduring Power of Attorney Process
1
Initial Consultation & Strategic Advice
We start with a detailed consultation to understand your circumstances and provide strategic advice on appointing the right attorney for you.
Initial Consultation & Strategic Advice
We start with a detailed consultation to understand your circumstances and provide strategic advice on appointing the right attorney for you.
2
Drafting the Legal Document
Our lawyers meticulously draft your Enduring Power of Attorney, ensuring it accurately reflects your wishes and complies with all NSW legal requirements.
Drafting the Legal Document
Our lawyers meticulously draft your Enduring Power of Attorney, ensuring it accurately reflects your wishes and complies with all NSW legal requirements.
3
Document Review & Explanation
We review the complete document with you, explaining each clause clearly to ensure you fully understand the powers you are granting.
Document Review & Explanation
We review the complete document with you, explaining each clause clearly to ensure you fully understand the powers you are granting.
4
Formal Signing & Witnessing
We guide you and your chosen attorney through the formal signing and witnessing process, ensuring your Enduring Power of Attorney is legally valid.
Formal Signing & Witnessing
We guide you and your chosen attorney through the formal signing and witnessing process, ensuring your Enduring Power of Attorney is legally valid.
Rated 5-Star By Our Clients
Why Clients Choose Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in drafting robust Enduring Power of Attorney documents to protect our clients’ futures.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience in drafting robust Enduring Power of Attorney documents to protect our clients’ futures.
Compassionate & Clear Guidance
We take the time to understand your needs, explain the legal implications in plain English, and tailor the document to your specific wishes.
Compassionate & Clear Guidance
We take the time to understand your needs, explain the legal implications in plain English, and tailor the document to your specific wishes.
Focus on Asset Protection
Our drafting process focuses on creating a legally sound document that safeguards your financial and legal affairs from potential risks or misuse.
Focus on Asset Protection
Our drafting process focuses on creating a legally sound document that safeguards your financial and legal affairs from potential risks or misuse.
Peace of Mind for the Future
We provide the expert guidance needed to ensure your affairs will be managed by someone you trust if you lose capacity, giving you complete peace of mind.
Peace of Mind for the Future
We provide the expert guidance needed to ensure your affairs will be managed by someone you trust if you lose capacity, giving you complete peace of mind.
Speak to us Now or Request a Consultation.
Planning Ahead for Your Financial Future
An Enduring Power of Attorney (EPOA) is one of the most important documents you can create for your future. It allows you to appoint a trusted person—your ‘attorney’—to legally manage your financial and property affairs on your behalf if you lose the mental capacity to do so yourself due to illness or injury.
Without an EPOA, your assets can become frozen, and your loved ones would face a stressful and costly application to a tribunal to be appointed to manage your affairs. Creating an EPOA now gives you control, ensuring your financial wellbeing is protected by someone you choose.
The Power to Protect Your Decisions
The person you appoint as your attorney can be given broad authority to operate bank accounts, pay bills, manage investments, and even sell property. It is crucial to appoint someone you trust implicitly to act in your best interests.
Unlike a General Power of Attorney, which is often for a specific purpose and becomes invalid if you lose capacity, an Enduring Power of Attorney is specifically designed to continue operating. This ensures seamless management of your affairs when you need it most, providing you and your family with lasting peace of mind.
Creating a Legally Valid Appointment
To create a valid Enduring Power of Attorney in NSW, you must have the mental capacity to understand the document’s nature and effect at the time of signing. Crucially, the law requires that it is witnessed by a qualified solicitor or barrister who must also certify that they have explained the document to you.
This legal requirement means that DIY kits or improperly witnessed documents can be declared invalid by banks and government bodies, defeating their entire purpose. Our expert lawyers ensure your EPOA is drafted and executed correctly, guaranteeing it will be legally effective when needed most.
Enduring Power of Attorney vs Enduring Guardian
Many people mistakenly believe one document covers all future decisions. An Enduring Power of Attorney is only for financial and property matters. To appoint someone to make decisions about your health, lifestyle, and medical care, you need a separate document called an Appointment of Enduring Guardian.
These two documents are the cornerstones of a comprehensive personal plan, covering both your ‘assets’ and your ‘person’. Similarly, a General Power of Attorney is different again, as it ceases to be valid if you lose capacity. Ensuring you have the correct legal instruments in place is critical for complete protection.
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How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
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 NSW lawyer.
Expert Legal Help For All Your Needs
Strata Law
Property and strata disputes, building defects claims, setting up new Owners Corporations and more…
Construction & Building Law
Construction and building disputes, building defects, delays and claims, debt recovery and more…
International Estate Planning
Cross-border estate planning, international wills and trusts, tax-efficient wealth transfer strategies and more…
Commercial & Business Law
Starting and scaling your business, banking and business financing, bankruptcy and insolvency and more…
Planning & Environment Law
Environment and planning regulation, land and environment court disputes, sub-divisions and more…
Wills & Estates
Creating, updating and contesting wills, estate planning and administration, probate applications and more…
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