Power of Attorney and Enduring Guardianship

Planning ahead gives you control over who will make important decisions on your behalf if you are ever unable to do so.

Jordan Djundja Lawyers assist clients in preparing Powers of Attorney and Appointments of Enduring Guardian in New South Wales. These documents ensure that trusted individuals can manage your financial, medical and lifestyle decisions if you lose decision-making capacity due to illness, injury or age.

A Power of Attorney allows someone you appoint (your “attorney”) to manage your financial and legal affairs, such as operating bank accounts or dealing with property.

An Appointment of Enduring Guardian allows someone you appoint (your “guardian”) to make personal, health and lifestyle decisions on your behalf.

Frequently Asked Questions

Who can make a Power of Attorney or Appointment of Enduring Guardian?

Any person over the age of 18 who has the legal capacity to understand the nature and effect of the document may create these appointments. The decision must be made voluntarily and with a clear understanding of the responsibilities involved.

When should I make these documents?

Ideally, before you ever need them.

Unexpected illness or injury can occur at any time. Preparing these documents in advance ensures that someone you trust will be authorised to make important financial, medical and personal decisions on your behalf.

When do these documents take effect?

You may choose when your Power of Attorney becomes effective — either immediately or only if you lose capacity.

If no specific start date is nominated, it will generally take effect once it is properly executed and accepted by your attorney.

An Enduring Guardian’s authority only takes effect if you lose the capacity to make personal or medical decisions yourself.

Who should I appoint?

You should appoint someone you trust to act in your best interests.

You may appoint more than one person and specify whether they must act jointly (together) or severally (independently).

For a Power of Attorney, it is important that the person appointed is capable of responsibly managing financial and legal matters.

What responsibilities does an Attorney have?

An attorney must act honestly, in good faith and in your best interests at all times.

While you retain decision-making capacity, your attorney must follow your lawful instructions. They must keep accurate records, keep your finances separate from their own and cannot benefit personally from their position unless expressly authorised.

Do these documents need to be witnessed?

Yes. In New South Wales, these documents must be witnessed by a solicitor, qualified conveyancer or a court registrar. They cannot be witnessed by the person you appoint as your attorney or guardian.

Can I change or revoke these documents?

Yes. As long as you still have legal capacity, you may revoke or amend your Power of Attorney or Appointment of Enduring Guardian. This must be done formally to ensure it is legally effective.

Who should I speak to before preparing these documents?

It is important to obtain legal advice to ensure the documents reflect your specific circumstances. Open discussion with family members may also help avoid confusion or conflict in the future.