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Power of Attorney & Enduring Guardianship

Do you have the power of attorney or have been selected as the enduring guardian?

Power Of Attorney

A Power of Attorney is a strategic and important life planning tool and must be made whilst a person still has the mental capacity to do so otherwise significant financial and stressful consequences can occur for you and your loved ones.

Often people make a Will, which only comes into effect after they die, however very few people give the same importance to appointing an attorney to look after their financial affairs until it is too late. Appointing an attorney gives your attorney the legal authority to look after your financial affairs on your behalf. An attorney has a legal obligation to act in your best interests.

You can appoint and authorise an attorney to act for you in a number of situations for example:

  • During an overseas trip,
  • for a specific purpose such as the purchase or sale of a property or
  • Indefinitely for when the time comes when you are no longer able to manage your own financial affairs because you no longer have the mental capacity to do so. (Enduring Power of Attorney)

Having a power of attorney in place will give you and your loved ones peace of mind knowing that someone of your choosing will have authority to be able to manage your financial matters when you are no longer capable of doing so.

In the event that you do not have a Power of Attorney in place and have lost the mental capacity to make your own financial decisions, then it may be necessary for an application to be made to the NSW Civil and Administrative Tribunal. This can be a lengthy process particularly in a situation where there is disagreement and conflict among family members. It is possible the Tribunal may then appoint NSW Trustee and Guardian as your financial manager and substitute decision maker.

Enduring Guardian

An enduring guardian is a person who is appointed by you to make lifestyle and medical decisions due to illness or accident when you are no longer capable of doing this for yourself. Your Enduring Guardian may make decisions such as where you live, what services are provided to you at home and what medical or dental treatment you receive.

Enduring Guardianship is a good way to plan for the future, particularly for unforeseen situations. Your nominated guardian will be able to make the difficult decisions on your behalf in relation to whether to continue life support, artificial ventilation or accept blood transfusions in situations where recovery is unlikely. An Enduring Guardianship document is an effective way for you to express your wishes so that there is no argument between family members.

Are you wanting to protect your future?

At Barwick Boitano Lawyers, we understand the importance of planning for the unexpected. That’s why our experienced team offers comprehensive power of attorney services to help you safeguard your legal and financial affairs.
Whether you need a general power of attorney for temporary situations or an enduring power of attorney to ensure your wishes are carried out if you lose mental capacity, our lawyers will guide you through the process with expertise and compassion.
We understand that appointing an attorney is a significant decision, and we’ll work closely with you to ensure the document accurately reflects your preferences and complies with NSW laws. Our goal is to provide you with peace of mind, knowing that your affairs are in capable hands.
In addition to powers of attorney, we also assist with the appointment of enduring guardians to make lifestyle and healthcare decisions on your behalf if you become incapacitated. Our team will ensure your wishes are respected and your well-being is prioritized.
Don’t leave your future to chance. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards protecting your interests and securing your legacy.

Power of Attorney in New South Wales (NSW)

A power of attorney is a legal document that allows an individual (the principal) to appoint another person (the attorney) to act on their behalf and make decisions regarding their legal and financial affairs. In NSW, there are different types of powers of attorney, each serving a specific purpose.

General Power of Attorney:

  • Allows the attorney to handle the principal’s financial and legal matters for a specified period or until the principal revokes the power.
  • Commonly used for temporary situations, such as when the principal is overseas or incapacitated.
  • Ends if the principal loses mental capacity.

Enduring Power of Attorney:

  • Continues to be valid even if the principal loses mental capacity.
  • Allows the attorney to make financial, legal, and property decisions on the principal’s behalf.
  • Can be effective immediately or only upon the principal’s incapacity.

Appointment of Enduring Guardian:

  • Allows the principal to appoint an enduring guardian to make lifestyle and healthcare decisions if they lose mental capacity.
  • Decisions may include accommodation, medical treatment, and services.

Establishing a power of attorney requires careful consideration and adherence to legal formalities. It’s crucial to seek professional legal advice to ensure the document accurately reflects the principal’s wishes and complies with NSW laws.

Power of Attorney

Need assistance managing your legal and financial affairs? Our power of attorney services can help you appoint a trusted individual to make decisions on your behalf, ensuring your interests are protected.

Enduring Guardian

Concerned about your future care and medical decisions? Our enduring guardian services can help you appoint a trusted person to make important lifestyle and healthcare decisions for you if you become incapacitated.

Challenging of Wills

Have a valid claim against a deceased person’s estate? Our estate claim services can assist you in navigating the legal process and securing your rightful share of the estate.

Claiming on an Estate

Sustained a workplace injury that goes beyond workers’ compensation? Our work injury damages services can help you seek additional compensation for pain and suffering, loss of earning capacity, and other non-economic losses.

Family Provision Claim

Feel you have been inadequately provided for in a will? Our family provision claim services can help you seek a fair share of the estate, ensuring your financial needs are met.

Equitable Estoppel Claims

Have you relied on a promise or representation regarding an estate? Our equitable estoppel claim services can assist you in seeking compensation for your detriment.

Undue Influence

Suspect a will was made under undue influence or coercion? Our undue influence services can help you challenge the validity of the will and protect your interests.

Probate & Administration

Need assistance with the legal process of administering an estate? Our probate and estate administration services can guide you through the complexities, ensuring a smooth and efficient process.

Will Drafting

Need a professionally drafted will? Our will drafting services can help you create a legally binding document that accurately reflects your wishes and protects your assets.