Powers of Attorney

+ What is a General Power of Attorney?

A General Power of Attorney gives someone the authority to act on your behalf whilst you are of sound mind and are not mentally incapacitated. It is often used for commercial or transactional purposes, such as the sale or purchase of a property. If you cannot be present, your nominated attorney can sign the necessary documents, to ensure the deal goes through.

A company can also appoint a Power of Attorney, which ensures business operations can continue if, for example, one of the key people needed to sign documents is unavailable.

A General Power of Attorney ceases to apply if you lose capacity, such as if you have Alzheimer’s disease.

+ Why would I need to create a General Power of Attorney?

Because a General Power of Attorney gives someone (or an organisation) the authority to manage your financial affairs for you, it is most often used if you have financial or property dealings and cannot be present.

So, it may be used for instances such as:

• Buying property or conducting business deals abroad – your nominated Power of Attorney can sign paperwork for you
• If you are travelling abroad and need someone to handle your affairs whilst you are away
• You need help to manage your financial affairs, such as paying bills

+ Does a General Power of Attorney mean I lose control of my financial affairs?

No. Under a General Power of Attorney, your nominated Attorney will be acting under your instructions. You retain full control of your financial affairs.

+ What can my Power of Attorney do and not do?

Your Power of Attorney can only manage your financial and property affairs for you. They cannot make any decisions about your care, living arrangements or healthcare. That would come under something called a Guardianship, which is a separate legal document. We can prepare Power of Attorney and Guardianship, as part of your comprehensive estate plan. Read our Guardianship page for more information.

+ What is an Enduring Power of Attorney?

An Enduring Power of Attorney is probably the most important form of Power of Attorney. The “enduring” quality means that your attorney is able to function when you are not able to make decisions for yourself. Examples of when you are not able to make decisions for yourself include if you are having an operation and under general anaesthetic or you suffer an irreversible progressive brain disorder like Alzheimer’s disease, where you are not capable of making decisions for yourself.

An Enduring Power of Attorney lasts throughout your lifetime and ceases when you die. It does not affect your Will. You can always revoke it if you wish to change the person you appoint as your Enduring Power of Attorney.

+ Should I get an Enduring Power of Attorney?

For your estate plan, an Enduring Power of Attorney is critical. This will help you when you are not able to make financial decisions for yourself. This will allow someone else to step into your shoes and take care of these important financial matters on your behalf.

+ Can a relative be my attorney?

Yes, you can appoint anyone you wish to be your Attorney, as long as they are over the age of 18. However, it is important that you choose your Attorney carefully. You need someone who is competent and able to handle important financial, legal and property matters. And importantly, who is willing to take on the responsibility. We can advise you on choosing your Attorney.

+ What is the process to grant Power of Attorney?

The process of Power of Attorney is fairly straight forward. What matters is that you understand what you are signing and that your Attorney is capable of handling your affairs.

The typical process is usually:

• An informal discussion with our team about your circumstances and requirements, so we can advise which type of Power of Attorney – General or Enduring – is right for you.
• You and your nominated Attorney come to our office to complete legal paperwork. You will each need to bring forms of photo ID with you so we can identify you.
• We will explain all the implications of the Power of Attorney to you, to make sure you understand what you are signing. We certify that you are of sound mind.
• You and your Attorney each sign the relevant paperwork, witnessed by us.
• Your Power of Attorney is then legal and comes into force immediately.

+ How long does it take to get Power of Attorney?

A Power of Attorney can be sorted out quickly in person at our offices, usually same day. If you have urgent requirements, contact our team on (02) 9279 1100.

+ Can I change my mind about who is my Power of Attorney?

Yes. But only if you have capacity. This means that you must be able to make decisions for yourself and not be suffering any form of illness that prevents you making decisions. It is important that the Power of Attorney being changed is actually revoked. This means it is officially ended so your new Power of Attorney has full force and effect.

+ How do I revoke a Power of Attorney?

We will prepare a special ‘revocation of Power of Attorney’ that you need to sign. Once it is signed, it needs to be delivered to your attorney. This is so they know they no longer hold this position and can no longer act on that Power of Attorney.

+ Is it important the revocation of Power of Attorney is delivered or served on my attorney?

Yes. This is to ensure that your Attorney knows their responsibilities have ceased and they do not need to act in this role any more. Sometimes your new Power of Attorney will appoint the same person, but you are just changing the terms of the Power of Attorney, and it is still important that they are given the revocation of the Power of Attorney. This is so your Attorney knows that the old document is now redundant and there is a new document that they need to follow. It avoids confusion.

+ What’s the difference between a Power of Attorney and Guardianship?

A Power of Attorney is a financial or transactional document enabling your appointed person to make financial decisions on your behalf.

The Guardianship document enables your appointed guardian to make lifestyle and medical decisions for you. These might include, where you should live, what kinds of personal services you receive (for example, haircuts, remedial therapies etc) and the consenting to medical and dental treatment. Read our Guardianship page for more information.

+ Does the same person need to be appointed my Guardian and Power of Attorney?

Quite often you would appoint your partner, and likewise, they would appoint you to be both your Power of Attorney and Guardian. Not only is it convenient, but they would know your intimate thoughts about your wishes.

+ Can I appoint my Lawyer or Accountant as my Power of Attorney and my Guardian?

Unless they are a relative it is not usual to appoint your lawyer or accountant as your Power of Attorney and your Guardian. Normally these important roles would be for family members or your very close friends. If your financial affairs are complex, you can elect Betar Lawyers as your attorney, with the reassurance that:

• We will act in your best interests at all times
• We will act honestly and protect your assets
• We will prepare and keep records of all dealings and transactions
• We will not renounce a power during any period of your legal incapacity, except in limited circumstances.

+ Useful links: Powers of Attorney

For more information on Powers of Attorney, visit:

• Legal Aid NSW Fact Sheets & Resources: Making a Power of Attorney

• Local Court NSW: Power of Attorney