How do I get an enduring power of attorney in NSW?
How do I get an enduring power of attorney in NSW?
An Enduring Power of Attorney can only be witnessed by the following:
- A Solicitor or barrister.
- A Registrar of a NSW Local Court.
- A licensed Conveyancer who has completed an approved course under the Powers of Attorney Act,
- A Legal practitioner qualified in a country other than Australia; or.
Does an enduring power of attorney need to be registered NSW?
Do you need to register a power of attorney? No. However, if the person you appoint as your attorney needs to deal with any real estate in New South Wales, the enduring power of attorney must be registered with the Land and Property Services NSW.
What is the difference between a POA and an enduring POA?
The main difference between a Power of Attorney and an Enduring Power of Attorney is that an enduring power still has effect even after you loose mental capacity. A Power of Attorney can also be cancelled at anytime. However a Power of Attorney ceases to operate if you lose mental capacity.
What are the duties of an enduring power of attorney?
An Enduring Power of Attorney (EPA) allows the attorney to make financial decisions on behalf of the donor after he/she loses mental capacity. An attorney cannot make medical, health care, accommodation or lifestyle decisions.
What are the responsibilities of an enduring power of attorney?
An enduring power of attorney gives the attorney the authority to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts and spending money on your behalf. Once you lose your mental capacity you cannot revoke this power of attorney.
What are the 2 types of power of attorney?
Generally speaking, power of attorney is used for two concerns:
- Power of attorney for financial issues (financial power of attorney).
- Power of attorney for health and welfare issues (medical power of attorney).
