Powers of attorney
in New South Wales.
A power of attorney lets you appoint someone you trust to manage your financial and legal affairs — now, or if you are ever unable to manage them yourself. We prepare general and enduring powers of attorney for clients across the Hills District.
Appointing an attorney
Under a power of attorney, you (the principal) appoint someone you trust (your attorney) to make financial and legal decisions for you. That can include managing bank accounts, paying bills, dealing with the ATO or Centrelink, and buying or selling property.
A power of attorney does not cover medical or lifestyle decisions. Those are dealt with separately under an appointment of enduring guardian.
General vs enduring
General power of attorney
Operates only while you have mental capacity, and ends automatically if you lose it. Often used for short-term situations, such as travelling overseas.
Enduring power of attorney
Continues to operate even if you lose capacity. Most people choose this for long-term protection, avoiding the need for family to apply to a tribunal if something happens.
The choices you can make
A power of attorney can be tailored to your circumstances. Common options include:
- Allowing your attorney to act immediately, or only if you lose capacity
- Appointing one attorney, joint attorneys, or substitutes
- Limiting powers — for example, bill payments but not property sales
- Allowing or prohibiting gifts or financial assistance to others
Revoking a power of attorney
You can revoke a power of attorney at any time while you still have legal capacity — usually by signing a formal revocation and notifying your attorney and any banks, institutions or third parties relying on it.
Once capacity is lost, you can no longer revoke or change it. That is why choosing the right attorney at the outset is so important.
Does it need to be registered?
Not always. Registration with NSW Land Registry Services is required where your attorney will deal with land in NSW — for example, selling real estate, transferring property, or lodging dealings affecting land. The document must be registered before such a transaction can proceed.
Banks and other institutions may also request registration or certified copies even where it is not strictly required.
Without one in place
- Family may be unable to access your money
- Bills and mortgages may go unpaid
- Property transactions may be delayed or impossible
- An application to NCAT or the Supreme Court may be needed — costly and stressful
Power of attorney FAQs
What is a power of attorney?
A document by which you (the principal) appoint someone you trust (your attorney) to make financial and legal decisions for you — managing accounts, paying bills, dealing with the ATO or Centrelink, and buying or selling property. It does not cover medical or lifestyle decisions, which are dealt with by an enduring guardian.
What's the difference between a general and an enduring power of attorney?
A general power of attorney operates only while you have capacity and ends if you lose it. An enduring power of attorney continues even if you lose capacity, which is why most people choose it.
Can it be revoked?
Yes, while you still have legal capacity — usually by signing a formal revocation and notifying your attorney and anyone relying on it. Once capacity is lost it can no longer be revoked or changed.
Does it need to be registered in NSW?
Not always. Registration is required where the attorney will deal with land in NSW, such as selling or transferring property. Banks may also ask for registration or certified copies.
Related: Appointment of enduring guardian · Wills · Wills & estates overview
Put a power of attorney in place.
Whether you are setting one up or reviewing an existing one, tell us the situation and we'll come back to you promptly. You'll receive clear costs disclosure before any work begins.