Plan ahead so that someone you trust can manage your finances if you ever can’t manage them yourself.
In NSW, a power of attorney is a legal document that permits you (the ‘principal’) to nominate another person (the ‘attorney’) to make decisions on your behalf in respect of your finances. It does not include decisions in relation to your healthcare or lifestyle.
You can give the attorney as much or as little authority as you choose, set how long it is in place for, and end it at any time. If no timeframe is specified, it automatically expires upon your death or if you lose mental capacity to make decisions for yourself.
An enduring power of attorney operates the same as a general power of attorney with two key differences: it does not expire if you lose mental capacity (meaning your attorney can continue managing your finances until your death), and once you lose capacity, you generally cannot revoke it.
This makes it a critical document for anyone planning for the possibility of future incapacity.
If you lose mental capacity and do not have one in place, NCAT or another Court may appoint an individual or government entity to manage your finances. Having this document in place keeps the decision in your hands.
A power of attorney covers your finances only. To appoint someone to make decisions about your healthcare and lifestyle, you need an enduring guardianship — a separate document we can prepare alongside it.
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