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Powers of Attorney

Information about allowing someone else to make decisions about your property and finances on your behalf.

Power of Attorney

A Power of Attorney is a legal document where you give a person the authority to manage your money and make financial decisions for you. 

If someone no longer has capacity to appoint a person under a Power of Attorney, an application can be made to the NSW Civil and Administrative Tribunal (NCAT) for a Financial Management Order. A Financial Management Order can be made by NCAT, the Mental Health Review Tribunal, or the Supreme Court of New South Wales.

A Power of Attorney or Financial Management Order is different to Enduring Guardianship, which allows someone to make lifestyle decisions for you if you can’t make those decisions for yourself. 

You must have mental capacity to make a valid Power of Attorney appointment. This means that you must understand what you are making and the effect it can have on you.

A Power of Attorney is not valid after a person dies.

How to get a Power of Attorney

You will need to fill out a Power of Attorney form.

If you want the Power of Attorney to continue even after you lose mental capacity, you can fill out an Enduring Power of Attorney form.

You should read the instructions on the form carefully and get legal advice if you are unsure how to complete it. 

If you are appointing someone under an Enduring Power of Attorney, you must arrange for a prescribed witness to sign your form.

A prescribed witness is:

  • an Australian lawyer
  • a Registrar of a Local Court 
  • an overseas-registered foreign lawyer, or 
  • an approved employee of NSW Trustee and Guardian.

For more information, see Power of attorney on the State Library of New South Wales website.

You can prepare the Power of Attorney and Enduring Power of Attorney forms by:

  • going to a private lawyer
  • making an appointment with NSW Trustee and Guardian,
  • downloading the forms from the NSW Land Registry Services website.

To find a private lawyer, you can use the Solicitor Referral Service on the Law Society of New South Wales website.

For more information about how to appoint a Power of Attorney and to make an appointment with NSW Trustee and Guardian, see Make a Power of Attorney on the NSW Trustee and Guardian website.

Appointing more than one person

If you appoint more than one person you need to decide whether you want them t​o act jointly, or jointly and severally.

If you appoint them jointly, they must make decisions allowed by the appointment together. This means that they must all agree before any action is taken. 

If you appoint them jointly and severally, your Attorneys will be able to make decisions together or individually.

You should only appoint someone you trust and will be responsible with managing your money. 

General Power of Attorney

A General Power of Attorney is valid until the person loses capacity to make informed decisions. This means that the person appointed under the General Power of Attorney can no longer use the Power of Attorney.

Enduring Power of Attorney

An Enduring Power of Attorney is valid even after the person loses capacity to make informed decisions. This means that the person appointed under the Enduring Power of Attorney can continue to use the Power of Attorney unless there is an Order from the NSW Civil and Administrative Tribunal or the Supreme Court of New South Wales appointing someone else.

Revoking (cancelling) a Power of Attorney 

If you have capacity, you can revoke your Power of Attorney anytime by informing your Attorney in writing. You should also notify your bank.

If the Power of Attorney was registered with NSW Land and Registry Services, you can also file a revocation form.

For more information, see Power of attorney on the State Library of New South Wales website.

When a person has lost capacity

If you are a family member, relative or friend of a person who has lost capacity, and you have concerns that the person appointed as the Enduring Power of Attorney is not acting in the person’s best interests, you can apply to the Guardianship Division of the NSW Civil and Administrative Tribunal for a review.

For more information, see Review of Enduring Power of Attorney on the NSW Civil and Administrative Tribunal website.

If there are no arrangements in place for someone else to deal with the property of a person who has lost capacity, a Financial Management Order may be made. For more information, see Guardianship and Financial Management Orders.

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