Enduring Powers of Attorney NSW
We strongly recommend that you consider appointing an Attorney and Enduring Guardian and also consider having a reserve Attorney and Guardian. Changes to the law in 2003 by the New South Wales State Government mean that an Enduring Power of Attorney no longer covers health and lifestyle issues and is restricted to property and financial matters.
Why have an Enduring Power of Attorney?
If you lose your mental capacity through injury or the onset of a medical condition (e.g. Alzheimer's or dementia) your spouse/partner/family cannot conduct your affairs on your behalf unless they hold an Enduring Power of Attorney. This is required to deal with Banks, Centrelink or transferring property. Please note the Power of Attorney must be an Enduring Power of Attorney and not a General Power of Attorney. This Attorney is restricted to financial and property matters.
In the event that no Enduring Power of Attorney is held and you lose your mental capacity, your affairs would be handled by the Office of the Protective Commissioner (also known as the Public Trust Office). Although your family could apply to the Guardianship Tribunal to be appointed as an Attorney or Guardian for you, the easier solution is to have the documents in place now.
Should you have any queries in relation to NSW Enduring Powers of Attorney, please feel free to contact our Wills and Estates Department Manager Lesley Barnes on 07 5506 8241 or email lbarnes@attwoodmarshall.com.au.
Why not complete our online enquiry form and have us contact you today!
With three offices conveniently located at Robina, Coolangatta-Tweed and Kingscliff, you can also visit us an office near you.
Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland
Gold Coast Estate Planning, Estate Plan, Will Planning, Enduring Powers of Attorney, Enduring Guardian, Estate Dispute, Estate Litigation