General Power of Attorney (NSW)

A general power of attorney is a legal document that allows you (the principal) to nominate one or more persons (referred to as attorneys) to act on your behalf. A general power of attorney gives the attorney the authority, if you choose, to manage your legal and financial affairs, including buying and selling real estate, shares and other assets for you, operating your bank accounts, and spending money on your behalf.

A general power of attorney ceases if you lose your mental capacity after its execution. If you wish the power of attorney to continue if you lose your mental capacity, use the enduring power of attorney prescribed form. For a power of attorney that continues even where you lose your mental capacity, use Lawpath's Enduring Power of Attorney (NSW).

An attorney under a general power of attorney cannot make decisions about your lifestyle or health. These decisions can only be made by a guardian (whether an enduring guardian appointed by you or a guardian appointed by the Civil and Administrative Tribunal or the Supreme Court).

You may set whatever conditions and limitations on your attorney that you choose. An attorney must always act in your best interest. If your attorney does not follow your directions or does not act in your best interest, the power of attorney can be revoked in writing.

It is strongly advised that any customisation of this form should be restricted to the fields in the questionnaire, as the legislation requires specific wording to be used. Where text remains that is not applicable to your circumstances, such as the text relating to how multiple attorneys will exercise their powers, this text should be left in its original form.

It is IMPORTANT that you do not electronically sign this document. In New South Wales, powers of attorney may be electronically witnessed but not signed. We recommend that you print out the document and sign it by hand, and if you are having the document witnessed electronically, follow the procedure laid out in our article on electronic witnessing.

Important information

It is important that you trust the person you are appointing as attorney to make financial decisions on your behalf. Your attorney must be over 18 years old and must not be bankrupt or insolvent. If your financial affairs are complicated, you should appoint an attorney who has the skills to deal with complex financial arrangements.

A power of attorney cannot be used for health or lifestyle decisions. You should appoint an enduring guardian under the Guardianship Act 1987 if you want a particular person to make these decisions. For further information, contact the Civil and Administrative Tribunal or NSW Trustee and Guardian.

This power of attorney is for use in New South Wales only. If you need a power of attorney for interstate or overseas, you may need to make a power of attorney under their laws. The laws of some other States and Territories in Australia may give effect to this power of attorney. However, you should not assume this will be the case. You should confirm whether the laws of the State or Territory concerned will in fact recognise this power of attorney.

This power of attorney does not automatically revoke earlier powers of attorney made by you. If you have made an earlier power of attorney that you do not want to continue, you must revoke the earlier power of attorney. It is advisable that you notify the attorney, preferably in writing, of the revocation, if you have not already done so. You should also give notice of the revocation to anyone who is aware of the earlier power of attorney, such as a bank.

Further information

For information on powers of attorney, the attorney’s duties and registration, contact Land and Property Information (www.lpi.nsw.gov.au), the NSW Trustee and Guardian (www.tag.nsw.gov.au), a solicitor or a trustee company.

The NSW Government’s Planning Ahead Tools website www.planningaheadtools.com.au provides up-to-date information and resources about powers of attorney, enduring guardianship, wills and advanced care planning.