Power of Attorney lawyers Sydney

Losing control of finances, property and other matters because of illness is common in Australia, but many complexities can be avoided if you set things up correctly.

What is a Power of Attorney?

Loss of mental capacity can affect people of any age, whether due to illness or an accident. A Power of Attorney lets you appoint someone to manage your financial and legal affairs if you become incapable of doing so yourself. Your attorney can buy and sell real estate, make enquiries on your behalf and manage bank accounts. See the NSW overview for how to make one here and practical steps via Service NSW.

Two types of Power of Attorney

General Power of Attorney

A General Power of Attorney is typically used for a set period or purpose, for example while you are overseas, or for a one-off transaction like buying or selling assets. It only operates while you have capacity. Guidance: Service NSW – guardianship and POA services.

Enduring Power of Attorney

An Enduring Power of Attorney continues even if you lose capacity, so it is a long-term safeguard. You must make it while you have capacity and understand what you are signing. Learn more from the NSW Government Enduring POA page. For health and lifestyle decisions, also consider an Enduring Guardianship.

Both General and Enduring POAs can be tailored with instructions and limits. The governing law is the Powers of Attorney Act 2003 (NSW).

If you do not appoint an Enduring POA and later lose capacity, loved ones cannot automatically manage your money. A family member or friend may need to apply to NCAT for a Financial Management Order (forms here). If suitable, NCAT can instead appoint the NSW Trustee & Guardian.

The importance of having a Power of Attorney

A POA helps prevent financial abuse and keeps bills, banking and property matters on track if you cannot act. When real property is involved, the POA often needs registration with NSW Land Registry Services and may be required when your attorney signs land dealings as attorney. Banks also have processes for recognising attorneys, see the Australian Banking Association guidance fact sheet and examples from NAB and ANZ.

Who can I appoint as my attorney?

Your attorney must be 18+ and understand the role. Choose someone trustworthy who will not exploit your money, keeps their finances separate, is practically capable and respects your values. Options include a family member, close friend, a solicitor, or the NSW Trustee & Guardian. For broader estate planning, see our Wills & Estates hub and estate planning guide.

Death or loss of capacity of your attorney

If your attorney dies or becomes incapacitated, the appointment ends. Consider naming substitute attorneys. Some joint appointments continue if one vacancy occurs, subject to the Act details.

How to obtain and register a Power of Attorney

Your solicitor can prepare and witness your POA and arrange registration if required. Start with Jameson Law – Power of Attorney. If you choose NSW Trustee & Guardian, check current fees and WillSafe storage. General making-a-POA steps: Service NSW. Independent information: Legal Aid NSW and Justice Connect.

Ready to put protections in place? Book with our Wills & Estates team or contact Jameson Law on (02) 8806 0866.