Power of Attorney

A Power of Attorney (POA) is a legal document that allows an individual (the principal) to appoint another person (the attorney) to make decisions on their behalf. The powers granted can be broad or limited and typically relate to financial and legal matters.

Fixed fee from

$450

+ GST and disbursement

Power of Attorney

Types of Power of Attorney in NSW

  1. General Power of Attorney – Grants broad powers to manage financial and legal matters but becomes invalid if the principal loses mental capacity.
  2. Enduring Power of Attorney – Remains in effect even if the principal loses capacity due to illness or injury, ensuring financial matters continue to be managed.
  3. Limited or Specific Power of Attorney – Grants authority for a particular purpose or period, such as managing property while overseas.
  4. Enduring Guardian – While not a POA, this separate document allows someone to make health and lifestyle decisions if the principal becomes incapacitated.

Benefits of a Power of Attorney in NSW

  1. Ensures Financial and Legal Affairs Are Managed

A POA ensures that bills, property transactions, and other financial matters continue to be managed even if you are unable to handle them yourself.

  1. Prepares for Unexpected Events

Having a POA in place provides peace of mind in case of sudden illness, disability, or an accident that renders you unable to make decisions.

  1. Avoids Costly Legal Proceedings

If a person loses capacity without a POA, family members may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for financial management orders, which can be costly and time-consuming.

  1. Allows Control Over Who Makes Decisions

A POA allows you to appoint someone you trust, ensuring that important decisions are made in your best interests rather than by a court-appointed guardian.

  1. Flexibility in Decision-Making

You can tailor the scope of authority given to your appointed attorney, limiting or expanding their powers based on your specific needs.

Who Should Consider a Power of Attorney?

A POA is recommended for:

  • Individuals who travel frequently and need someone to manage affairs in their absence.
  • Elderly individuals who want to ensure financial matters are handled smoothly.
  • Anyone who wants to plan ahead in case of unforeseen circumstances.

How to Set Up a Power of Attorney in NSW

  • Choose a trusted person to act as your attorney.
  • Contact us to obtain legal advice specific to your circumstances and we will draft the POA and organise for it to be executed by you.
  • We will also assist in registering the POA with NSW Land Registry Services if it involves real estate transactions.
  • We can also assist with revoking a POA if required when you no longer require the document or want to change the attorney.

Secure Your Legacy and Well-Being

Ready to Secure Your Legacy and Well-Being?

A Power of Attorney is a crucial legal tool that provides protection, peace of mind, and continuity in managing personal affairs. Establishing a POA ensures that someone you trust can make important decisions on your behalf if the need arises.

For further guidance on setting up a Power of Attorney in NSW, contact our office today.

Peace of Mind in Every Decision

Empower yourself and your loved ones by proactively planning for the future. Synergy Legal is your trusted partner in securing peace of mind through a well-crafted and all-inclusive Wills Package.

Disclaimer: This document is for informational purposes only and does not constitute legal advice. You should consult a qualified legal professional for advice tailored to your specific circumstances.

Legal Costs: Above is an overview of our starting prices for common legal services, these prices are a starting estimate only, and do not constitute a fixed quote or contract. The final cost will depend on the complexity of your matter and will be confirmed in a signed cost agreement before any legal work commences.

Enduring Guardianship

An Enduring Guardianship is a legal document that allows an individual (the appointor) to nominate another person (the guardian) to make personal, health, and lifestyle decisions on their behalf if they lose the capacity to make those decisions themselves. Unlike a Power of Attorney, which covers financial and legal matters, an Enduring Guardianship is specifically for personal and healthcare decisions.

Fixed fee from

$450

+ GST and disbursement

Enduring Guardianship

What Decisions Can an Enduring Guardian Make?

An appointed Enduring Guardian can make decisions about:

  • Where the appointor lives (e.g., choosing a nursing home or care facility)
  • What healthcare and medical treatments they receive
  • What personal services (e.g., home care) they access
  • Other lifestyle decisions as specified in the appointment document

However, an Enduring Guardian cannot make financial or legal decisions—these must be handled separately under a Power of Attorney.

Benefits of an Enduring Guardianship in NSW

  • Ensures Personal and Healthcare Decisions Are Made

If you become incapacitated, an Enduring Guardian ensures that your personal and medical needs are taken care of by someone you trust.

  • Avoids Court-Appointed Guardianship

Without an Enduring Guardianship, your loved ones may have to apply to the NSW Civil and Administrative Tribunal (NCAT) to be appointed as your guardian, which can be stressful, time-consuming, and costly.

  • Provides Peace of Mind

By appointing an Enduring Guardian, you can ensure that your future care aligns with your values and wishes.

  • Prevents Family Disputes

Having a legally appointed guardian reduces the likelihood of disagreements among family members about who should make decisions and what decisions should be made.

  1. Flexibility and Control

You can specify which powers your Enduring Guardian will have and include conditions or instructions to guide their decision-making.

Who Should Consider an Enduring Guardianship?

An Enduring Guardianship is recommended for:

  • Individuals who want to ensure their healthcare and lifestyle preferences are respected.
  • Older individuals or those with progressive illnesses who may lose decision-making capacity.
  • Anyone who wants to prepare for unexpected medical situations.

How to Set Up an Enduring Guardianship in NSW

  • Choose a trusted person to act as your Enduring Guardian.
  • Contact our offices to obtain legal advice on your personal situation. A lawyer will then draft, review and assist you with executing the Enduring Guardian and also attend on your Guardians to execute the necessary documents.
  • Review and update the appointment as needed to reflect changes in circumstances.
  • We can also organise a revocation of an enduring guardianship if required.

Secure Your Legacy and Well-Being

Ready to Secure Your Legacy and Well-Being?

An Enduring Guardianship is an essential legal safeguard that ensures your personal, healthcare, and lifestyle decisions are made by someone you trust if you lose capacity. Planning ahead by appointing an Enduring Guardian can give you peace of mind and prevent unnecessary complications for your loved ones.

For further guidance on setting up an Enduring Guardianship in NSW, contact our office today.

Peace of Mind in Every Decision

Empower yourself and your loved ones by proactively planning for the future. Synergy Legal is your trusted partner in securing peace of mind through a well-crafted and all-inclusive Wills Package.

Disclaimer: This document is for informational purposes only and does not constitute legal advice. You should consult a qualified legal professional for advice tailored to your specific circumstances.

Legal Costs: Above is an overview of our starting prices for common legal services, these prices are a starting estimate only, and do not constitute a fixed quote or contract. The final cost will depend on the complexity of your matter and will be confirmed in a signed cost agreement before any legal work commences.