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  • Trust

    Trust

    • Acknowledgement of Trust (already own asset) - $165
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Trustee of Family Trust - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Release of Unpaid Trust Entitlement - $121
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • Superannuation

    Superannuation

    • Acknowledgement of Trust (already own asset) - $165
    • Commercial Lease - $275
    • Declaration of Trust (before you buy) - $110
    • Derivative Risk Statement for SMSF - $65
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Pension Pack for Self Managed Super - $299
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
  • Estate Planning

    Estate Planning

    • Codicil to change the Executor - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Power Of Attorney By Company - $99
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
  • Commercial

    Commercial

    • Advanced Legal Health Check for Businesses - $18
    • Buy a House with Friends Agreement - $110
    • Commercial Lease - $275
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Forgiveness of Debt - $121
    • Loan Agreement (No Security) - $110
    • Release of Unpaid Trust Entitlement - $121
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
  • Employment

    Employment

    • Confidentiality Agreement (Non Disclosure) - $99
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Independent Contractors Agreement - $110
    • Partnership Deed - $220
    • Statutory Declaration - $0
  • Company

    Company

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Registered Office kit - $33
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment Contract - $120
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Power Of Attorney By Company - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • Statutory Declaration - $0
    • Transfer of Shares Kit - $0
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • CPD Webinars

    CPD Webinars

    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Small Business Restructures and Director Penalty Notices - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
  • All documents

    All documents

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Advanced Legal Health Check for Businesses - $18
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Registered Office kit - $33
    • Change Trustee of Family Trust - $110
    • Codicil to change the Executor - $99
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Small Business Restructures and Director Penalty Notices - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Derivative Risk Statement for SMSF - $65
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Disclaimer - Email - $55
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Pension Pack for Self Managed Super - $299
    • Power Of Attorney By Company - $99
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Transfer of Shares Kit - $0
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
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Enduring Power of Attorney - NSW

Enduring Power of Attorney - NSW

Price ($AUD): $55
Platinum Price ($AUD): $55 [?]

Estimated Time to Build: 12 - 15 Minutes
Jurisdiction: New South Wales
Printing and Binding (Optional) [?]:
• Regular Binding - $41.8

Click to Start
  • Overview
  • Checklist
  • Sample
  • Legal Tutor
  • Author
  • What is the purpose of this document?

    An Enduring Power of Attorney is a legal document where you (the Principal) appoint someone (the Attorney) to make financial and legal decisions on your behalf. This may include managing matters such as banking, shares, real estate, and paying your bills.

    The word "enduring" means that this document will continue to operate when you are unable to make these types of decisions for yourself.

  • Checklist is not available for this document.

  • Sample is not available for this document.

    • Principal
      • What needs to have occurred before I complete this document?
      • What do I need to complete this document?
      • What is an Enduring Power of Attorney?
      • Who can give an Enduring Power of Attorney?
      • Are you of sound mind?
      • Will my Enduring Power of Attorney apply after I die?
      • The Principal’s Name
      • Will the Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Do I need to register my Enduring Power of Attorney anywhere?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      How many Attorneys?
      • What is the Attorney’s Role?
      • Will my Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Do I need to register my Enduring Power of Attorney anywhere?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      • How do my Attorneys act? Jointly?
      One Attorney
      • What is the Attorney’s Role?
      • The Attorney’s Name
      • Will my Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Do I need to register my Enduring Power of Attorney anywhere?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      Two Attorneys
      • What is the Attorney’s Role?
      • The Attorney’s Name
      • Will my Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      • How do my Attorneys act? Jointly?
      Substitute Attorney
      • What is the Substitute Attorney’s Role?
      • Will my Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Do I need to register my Enduring Power of Attorney anywhere?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      • How do my Substitute Attorneys act? Jointly?
      How many Substitute Attorneys?
      • What is the Substitute Attorney’s Role?
      • Will my Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Do I need to register my Enduring Power of Attorney anywhere?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      • How do my Substitute Attorneys act? Jointly?
      One Substitute Attorneys
      • What is the Substitute Attorney’s Role?
      • The Substitute Attorney’s Name
      • Will my Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Do I need to register my Enduring Power of Attorney anywhere?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      Two Substitute Attorneys
      • What is the Substitute Attorney’s Role?
      • The Substitute Attorney’s Name
      • Will my Enduring Power of Attorney apply after my Attorney dies?
      • Can this document be used to make personal, lifestyle and health decisions?
      • Do I need to register my Enduring Power of Attorney anywhere?
      • Are witnesses required?
      • What is a prescribed witness?
      • What is the role of the witness?
      • How do my Substitute Attorneys act? Jointly?

      Principal

      • What needs to have occurred before I complete this document?

        You should have:

        • discussed your wish to make an Enduring Power of Attorney with your Attorney(s) (and Substitute Attorney(s) if applicable); and
        • ensured that your Attorney(s) (and Substitute Attorney(s) if applicable) is willing to accept the responsibility of making financial and legal decisions on your behalf.

        This hint is provided by Law Central Legal.


        #

      • What do I need to complete this document?

        To start with, you will need the following:

        • the full names and addresses of your Attorney(s); and

        • the full names and addresses of your Substitute Attorney(s) (if applicable).

        This hint is provided by Law Central Legal.


        #

      • What is an Enduring Power of Attorney?

        An Enduring Power of Attorney is a legal document where you (the Principal) appoint someone (the Attorney) to make financial and legal decisions for you when you are unable to make these types of decisions for yourself. This may include managing matters such as banking, shares, real estate, and paying your bills.

        This hint is provided by Law Central Legal.


        #

      • Who can give an Enduring Power of Attorney?

        You can give an Enduring Power of Attorney if you are:

        • of sound mind (i.e. you are mentally competent to make reasonable and rational decisions for yourself); and
        • at least 18 years old.

        This hint is provided by Law Central Legal.


        #

      • Are you of sound mind?

        You are of sound mind when you have the ability to understand, retain, believe, evaluate and weigh the information which is relevant to appointing an Attorney.

        This is an important question because you can give an Enduring Power of Attorney to someone only if you are of sound mind. For example, if you have suffered a stroke, suffer from a medical condition or are getting old, then someone may claim that you weren't of sound mind when you signed your Enduring Power of Attorney.

        If there is any doubt about your mental capacity you should speak to your local doctor and request that they provide a note confirming that you have the mental capacity to understand the nature and purpose of the Enduring Power of Attorney.

        You should keep the doctor's note in a safe place along with your Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after I die?

        No. When you (as the Principal) die the Enduring Power of Attorney becomes null and void (i.e. it ceases to have any effect).

        This hint is provided by Law Central Legal.


        #

      • The Principal’s Name

        The Principal is the person who grants to the Attorney(s) (and Substitute Attorney(s) if applicable) the power to make financial and legal decisions for the Principal in the event that the Principal is unable to make such decisions themselves.

        Insert the Principal’s first name into the First Name field, the Principal’s middle name into the Middle Name field and the Principal’s surname in the Last Name field.

        (Eg: Fred John Smith)

        This hint is provided by Law Central Legal.


        #

      • Will the Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Do I need to register my Enduring Power of Attorney anywhere?

        If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

        • The NSW Office of State Revenue for stamping; or
        • Land and Property Information office.
        However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.

        A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.

        Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.

        Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
        • it will be on record as a public document;
        • it will be safe from loss and destruction; and
        • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
        If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      How many Attorneys?

      • What is the Attorney’s Role?

        Your Attorney’s role is to make financial and legal decisions on your behalf when you are unable to make such decisions yourself. Your Attorney(s) must:

        • act in your best interests;
        • wherever possible, make the same decision that you would have made; and
        • avoid situations where there is a conflict of interest.

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Do I need to register my Enduring Power of Attorney anywhere?

        If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

        • The NSW Office of State Revenue for stamping; or
        • Land and Property Information office.
        However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.

        A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.

        Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.

        Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
        • it will be on record as a public document;
        • it will be safe from loss and destruction; and
        • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
        If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      • How do my Attorneys act? Jointly?

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      One Attorney

      • What is the Attorney’s Role?

        Your Attorney’s role is to make financial and legal decisions on your behalf when you are unable to make such decisions yourself. Your Attorney(s) must:

        • act in your best interests;
        • wherever possible, make the same decision that you would have made; and
        • avoid situations where there is a conflict of interest.

        This hint is provided by Law Central Legal.


        #

      • The Attorney’s Name

        The Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) in the event that you are unable to make such decisions yourself.

        Insert the Attorney’s first name into the First Name field, the Attorney’s middle name into the Middle Name field and the Attorney’s surname in the Last Name field.

        (Eg: Fred John Smith)

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Do I need to register my Enduring Power of Attorney anywhere?

        If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

        • The NSW Office of State Revenue for stamping; or
        • Land and Property Information office.
        However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.

        A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.

        Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.

        Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
        • it will be on record as a public document;
        • it will be safe from loss and destruction; and
        • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
        If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      Two Attorneys

      • What is the Attorney’s Role?

        Your Attorney’s role is to make financial and legal decisions on your behalf when you are unable to make such decisions yourself. Your Attorney(s) must:

        • act in your best interests;
        • wherever possible, make the same decision that you would have made; and
        • avoid situations where there is a conflict of interest.

        This hint is provided by Law Central Legal.


        #

      • The Attorney’s Name

        The Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) in the event that you are unable to make such decisions yourself.

        Insert the Attorney’s first name into the First Name field, the Attorney’s middle name into the Middle Name field and the Attorney’s surname in the Last Name field.

        (Eg: Fred John Smith)

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      • How do my Attorneys act? Jointly?

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      Substitute Attorney

      • What is the Substitute Attorney’s Role?

        Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

        • you are unable to make such decisions yourself; and
        • your appointed Attorney(s):
          • dies;
          • resigns; or
          • otherwise vacates their office.
        Your Substitute Attorney(s) must:
        • act in your best interests;
        • wherever possible, make the same decision that you would have made; and
        • avoid situations where there is a conflict of interest.

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Do I need to register my Enduring Power of Attorney anywhere?

        If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

        • The NSW Office of State Revenue for stamping; or
        • Land and Property Information office.
        However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.

        A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.

        Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.

        Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
        • it will be on record as a public document;
        • it will be safe from loss and destruction; and
        • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
        If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      • How do my Substitute Attorneys act? Jointly?

        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Substitute Attorneys, they will act “jointly”.

        This hint is provided by Law Central Legal.


        #

      How many Substitute Attorneys?

      • What is the Substitute Attorney’s Role?

        Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

        • you are unable to make such decisions yourself; and
        • your appointed Attorney(s):
          • dies;
          • resigns; or
          • otherwise vacates their office.
        Your Substitute Attorney(s) must:
        • act in your best interests;
        • wherever possible, make the same decision that you would have made; and
        • avoid situations where there is a conflict of interest.

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Do I need to register my Enduring Power of Attorney anywhere?

        If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

        • The NSW Office of State Revenue for stamping; or
        • Land and Property Information office.
        However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.

        A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.

        Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.

        Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
        • it will be on record as a public document;
        • it will be safe from loss and destruction; and
        • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
        If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      • How do my Substitute Attorneys act? Jointly?

        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Substitute Attorneys, they will act “jointly”.

        This hint is provided by Law Central Legal.


        #

      One Substitute Attorneys

      • What is the Substitute Attorney’s Role?

        Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

        • you are unable to make such decisions yourself; and
        • your appointed Attorney(s):
          • dies;
          • resigns; or
          • otherwise vacates their office.
        Your Substitute Attorney(s) must:
        • act in your best interests;
        • wherever possible, make the same decision that you would have made; and
        • avoid situations where there is a conflict of interest.

        This hint is provided by Law Central Legal.


        #

      • The Substitute Attorney’s Name

        The Substitute Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) when you and your appointed Attorney(s) are unable to make such decisions for yourselves.

        Insert the Substitute Attorney’s first name into the First Name field, the Substitute Attorney’s middle name into the Middle Name field and the Substitute Attorney’s surname in the Last Name field.

        (Eg: Fred John Smith)

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Do I need to register my Enduring Power of Attorney anywhere?

        If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

        • The NSW Office of State Revenue for stamping; or
        • Land and Property Information office.
        However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.

        A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.

        Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.

        Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
        • it will be on record as a public document;
        • it will be safe from loss and destruction; and
        • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
        If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      Two Substitute Attorneys

      • What is the Substitute Attorney’s Role?

        Your Substitute Attorney’s role is to make financial and legal decisions on your behalf only when:

        • you are unable to make such decisions yourself; and
        • your appointed Attorney(s):
          • dies;
          • resigns; or
          • otherwise vacates their office.
        Your Substitute Attorney(s) must:
        • act in your best interests;
        • wherever possible, make the same decision that you would have made; and
        • avoid situations where there is a conflict of interest.

        This hint is provided by Law Central Legal.


        #

      • The Substitute Attorney’s Name

        The Substitute Attorney is the person who is granted the power to make financial and legal decisions for you (the Principal) when you and your appointed Attorney(s) are unable to make such decisions for yourselves.

        Insert the Substitute Attorney’s first name into the First Name field, the Substitute Attorney’s middle name into the Middle Name field and the Substitute Attorney’s surname in the Last Name field.

        (Eg: Fred John Smith)

        This hint is provided by Law Central Legal.


        #

      • Will my Enduring Power of Attorney apply after my Attorney dies?

        This depends on whether you appoint more than one Attorney and whether you appoint any Substitute Attorneys.

        One Attorney (without Substitute Attorney(s))
        If you have only appointed one Attorney (and no Substitute Attorney) and your Attorney dies, resigns or otherwise vacates the office then your Enduring Power of Attorney will terminate.

        One Attorney (with Substitute Attorney(s))
        If you have appointed one Attorney and one or more Substitute Attorneys, then your Substitute Attorney(s) will automatically become your attorney(s) if your original Attorney dies, resigns or otherwise vacates their position. Your Enduring Power of Attorney will not terminate.

        Two Attorneys (without Substitute Attorney(s))
        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        The Enduring Power of Attorney will terminate if one of your joint Attorneys dies, resigns or otherwise vacates the office (and you have not appointed a substitute attorney(s)).

        Two Attorneys (with Substitute Attorney(s))
        Again, the Law Central Enduring Power of Attorney is set up so that if you have appointed two Attorneys, they will act “jointly”.

        If you have appointed Substitute Attorney(s) and one of your original joint Attorneys dies, resigns or vacates their position, then both of your original Attorneys will cease to act as your attorney.
        In this instance, only your Substituted Attorneys can act as your attorney.

        This hint is provided by Law Central Legal.


        #

      • Can this document be used to make personal, lifestyle and health decisions?

        No. An Enduring Power of Attorney can only be used by your Attorney(s) (and Substitute Attorney(s) if applicable) to make financial and legal decisions on your behalf when you are unable to make these decisions for yourself.

        If you want someone to make more “personal” decisions you will need an Enduring Power of Guardianship form. An Enduring Guardian can make personal, lifestyle and health decisions on your behalf, such as where you should live, who can visit you and the medical treatment you should receive.

        This hint is provided by Law Central Legal.


        #

      • Do I need to register my Enduring Power of Attorney anywhere?

        If you do not own any land in NSW then you do not have to register your Enduring Power of Attorney with the:

        • The NSW Office of State Revenue for stamping; or
        • Land and Property Information office.
        However, if you own land in NSW and you want your Attorney(s) (or Substitute Attorney(s) if applicable) to deal with such land on your behalf then you will need to register your Enduring Power of Attorney at the Land and Property Information office in person at 1 Prince Albert Road, Queens Square, Sydney, NSW.

        A registration fee is payable for lodging your Enduring Power of Attorney and the current registration fees are published on the Land and Property Information website: http://www.lpi.nsw.gov.au/land_titles/fees.

        Land and Property Information will keep an official copy of your Enduring Power of Attorney. The original is returned to you stamped with a registration number. Your Attorney(s) should use this number when signing on your behalf for property transactions in NSW.

        Other advantages of registering your Enduring Power of Attorney with Land and Property Information are:
        • it will be on record as a public document;
        • it will be safe from loss and destruction; and
        • it will be more easily accepted as evidence that your Attorney(s) can deal with your property and financial affairs.
        If afterwards you decide to revoke your Enduring Power of Attorney, you should register your revocation with Land and Property Information. You should also inform your bank that it has been revoked as well as anyone else who might rely on this document.

        This hint is provided by Law Central Legal.


        #

      • Are witnesses required?

        Yes. You must sign the Enduring Power of Attorney in the presence of a prescribed witness who must be over 18 years old and be of sound mind.

        This hint is provided by Law Central Legal.


        #

      • What is a prescribed witness?

        A prescribed witness is a person whose occupation is any one of the following:

        • Australian legal practitioner;
        • Registrar of the Local Court;
        • licensed conveyancer who has successfully completed a course of study approved by the Minister;
        • NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister;
        • a trustee company employee who has successfully completed a course of study approved by the Minister; or
        • Legal Practitioner qualified in a country than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney.

        This hint is provided by Law Central Legal.


        #

      • What is the role of the witness?

        Your witness must watch you sign the Enduring Power of Attorney.

        They must also be assured that you (as the Principal) have the mental capacity to make the Enduring Power of Attorney. If they are not assured of your mental capacity then they should not sign the Enduring Power of Attorney.

        This hint is provided by Law Central Legal.


        #

      • How do my Substitute Attorneys act? Jointly?

        The Law Central Enduring Power of Attorney is set up so that if you have appointed two Substitute Attorneys, they will act “jointly”.

        This hint is provided by Law Central Legal.


        #

  • This document has been prepared by the law practice Law Central Legal

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