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Legal > Aged Care & Elder Law

Powers of Attorney:

Overview FAQs Articles Locations

An Enduring Power of Attorney is a legal document under which a person ("the principal") appoints an attorney to manage their legal and financial affairs. This appointment can come into effect immediately or at a later point in time, such as when the principal is physically or mentally incapacitated and cannot attend to these matters personally.  An Enduring Power of Attorney is one that continues to operate when the principal becomes mentally impaired.  

An Enduring Power of Attorney allows an attorney to sign legal documents on behalf of the principal (such as contracts and bank documents) and can access the finances of the principal. The Enduring Power of Attorney may also make provision for the attorney to use some of their funds for specific purposes, for example, to purchase gifts or to provide support for another person.  

 At the time of executing an Enduring Power of Attorney, the principal must have legal capacity to understand the nature of the document, the powers delegated to the attorney, any restrictions or limitations applying to the attorney and when the powers will be activated. A failure to have sufficient capacity can result in the Enduring Power of Attorney being deemed invalid. It is therefore crucial that you obtain an Enduring Power of Attorney as early as possible.   

The NSW Civil and Administrative Tribunal's ("NCAT") Guardianship Division allows for an Enduring Power of Attorney to be reviewed and for related orders to be made. Specifically, NCAT can order that:  

  • The Enduring Power of Attorney be revoked; 
  • A previous Enduring Power of Attorney be reinstated; 
  • An attorney provide accounts and information pertaining to the use of funds;  
  • The principal did not have mental capacity to make a valid Enduring Power of Attorney; 
  • A Financial Management Order be made under which a financial manager is appointed to manage the principal's finances; 
  • A Revocation of an Enduring Power of Attorney is not valid. 

If you wish to obtain an Enduring Power of Attorney or if you have concerns regarding an existing Enduring Power of Attorney, you may wish to contact our office and arrange an appointment to see one of Aged Care & Elder Law Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing of our branches please see our "Locations" tab.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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