Powers of Attorney & Enduring Guardianships

In New South Wales you can appoint a person or persons to have Power of Attorney to make financial decisions on your behalf. This could include selling a house or managing bank accounts. The person you have appointed is referred to as your attorney. There are two different types of Power of Attorney:

  • General Power of Attorney which is terminated if you lose mental capacity.
  • Enduring Power of Attorney which remains valid if you lose mental capacity.

You can appoint an Enduring Guardian to make decisions about your health and living arrangements if you lose mental capacity. The Enduring Guardianship only comes into effect if you become incapacitated and are unable to make your own decisions. Whilst you still have a decision-making capacity, you can write an Advance Care Directive, which outlines what healthcare you would or would not like to receive if you become incapacitated.

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document can appoint a Power of Attorney and Enduring Guardian. A person must be able to make their own decisions and clearly communicate what those decisions are.

At PW Lawyers we can:

  • Give you professional advice about your circumstances.
  • Give you advice about discussing your decisions with you family to avoid unnecessary conflict and stress.
  • Help you appoint a Power of Attorney and Enduring Guardian.


Contact us for a free thirty-minute consultation with a lawyer specialising in Power of Attorney and Enduring Guardianship.


Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.