Power of Attorney & Enduring Guardianship

Also known as a general power of attorney, this is a legal document that nominates someone the legal ability to act on someone else’s behalf if they are not able to manage legal and financial matters themselves. A general power of attorney gives the attorney the authority to manage your legal and financial affairs including buying and selling real estate, shares or other assets, operating bank accounts and spending money on your behalf. A power of attorney can contain specific powers for your attorney or preclude them from doing certain things.

If you want your power of attorney appointment to continue should you lose your mental ability to make decisions for yourself, then you will need to have an enduring power of attorney in place.

An Enduring Guardian is someone you appoint to make health and lifestyle decisions on your behalf. Your appointed guardian can make decisions in relation to your medical treatment such as choosing which doctor treats you or in which medical facility you are treated. Unless otherwise specified, these decisions are usually only made if you lack the capacity to make them yourself. 

Leyden Legal has been providing a range of legal services to our community for many years. We are local and we know our community. We provide expert advice and support daily to families facing the challenges of estate planning and guardianship issues.

What Power of Attorney in NSW means

Appointing a power of attorney and having in place these provisions will help prepare you and your family when sudden changes in circumstances occur.

There are two major types of Powers of Attorney: general and enduring.

A general Power of Attorney is only valid while you are capable of acting on your own behalf. If you die or become incapable of decision making, the Power of Attorney is no longer valid.
An Enduring Power of Attorney remains valid even if you later become mentally incapable. You must be competent at the time the Power of Attorney is made. An Enduring Power of Attorney, however, cannot make lifestyle, accommodation, or medical decisions (only an Enduring Guardian can make these decisions on your behalf).

The authority of the Power of Attorney becomes invalid when you die.

Who can be appointed as your Power of Attorney

Who you appoint as you power of attorney or enduring power of attorney is your decision. They can be a friend, family member, your solicitor, accountant or anyone you deem is the most appropriate choice. You can also appoint more than one power of attorney and they can act jointly and/or severally.

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