Enduring Power of Attorney

• What is an enduring power of attorney?

• When should I make an enduring power of attorney?

What is an enduring power of attorney?

An enduring power of attorney is when someone is appointed to begin, or continue, to make decisions for a person when they no longer have the capacity to make their own decision regarding their financial affairs. If a person loses their capacity their power of attorney becomes invalid unless they have granted an enduring power of attorney. If a person has an enduring power of attorney it continues to operate even if the person if of unsound mind.

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When should I make an enduring power of attorney?

It is important to make one before you need it, namely before you have lost mental capacity because in order for the document to be effective you must be able to fully understand what you are signing.

Applications for appointment, termination or the exercise of powers can be made to the Guardianship Tribunal or the Supreme Court of New South Wales. Applications can be made by an interested person, which includes the attorney, the principal, a person who is a guardian or an enduring guardian or any other person who, the Review Tribunal believes has a proper interest in the proceedings or a genuine concern for the welfare of the principal.

With regards to Enduring Power of Attorney the Guardianship Tribunal has many powers not limited to but including the following:

• To Vary or revoke them

• To remove attorney or appoint a substitute attorney

• To reinstate lapsed power of attorney.

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If you would like more information or advice about an Enduring Power of Attorney matter. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.