Power of Attorney (Financial) NSW

$ 59.95

(inc. GST)

BUY THE PRODUCT

Create a legal document through Cleardocs appointing someone else to make legal and financial decisions for you:

  • a General Power of Attorney (Financial) — which ceases if you are unable to make those decisions yourself; or
  • an Enduring Power of Attorney (Financial) — which continues if you lose mental capacity.

The documents are for use in New South Wales, Australia.

Time taken to complete 10 minutes.

Cost $ 59.95 (inc GST)

Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.

What documents are included in the Cleardocs Power of Attorney (Financial) New South Wales package?

You will receive:

  • the General Power of Attorney (Financial) or if relevant, the Enduring Power of Attorney (Financial) — the legal document the person uses to appoint their attorney;
  • for an Enduring Power of Attorney (Financial):
    • a Statement of Acceptance of Attorney;
    • a Statement of Acceptance of Alternative Attorney;
    • a Witness Certificate; and
  • an Establishment Kit explaining what to do next.

What information do you need to order a Power of Attorney (Financial) through Cleardocs?

Download our checklist for the information required to order a Power of Attorney (Financial) from Cleardocs.

When does the attorney's appointment commence?

An attorney's appointment can commence:

  • under a general power of attorney:
    • when the document is signed;
    • on a certain date; or
    • when the person giving the power is overseas;
  • under an enduring power of attorney:
    • when the attorney accepts the appointment;
    • when the attorney accepts the appointment and a medical practitioner considers that the person giving the power is unable to manage their affairs (and provides a document to that effect); or
    • when the attorney accepts the appointment and considers that the person giving the power needs assistance to manage their affairs.
  • when the document is signed;
  • when the attorney accepts the appointment;
  • on a certain date; or
  • when the attorney considers that the person giving the power needs assistance to manage their affairs.

When you order a power of attorney from Cleardocs, you can select which of the above options applies.

An attorney's appointment under an enduring power of attorney continues even if the person giving the power is unable to make legal and financial decisions for themself, either:

  • temporarily — for example, if they are unconscious as a result of an accident or illness; or
  • permanently — for example, through dementia or a brain injury.

Who can be an attorney?

Anyone can be an attorney — as long as they are:

  • over 18 years of age; and
  • not a bankrupt.

What considerations must an attorney take into account?

If an attorney is making financial or legal decisions on the other person's behalf, then the law says the attorney must:

  • act honestly and in the other person's best interests;
  • wherever possible, make the same decision that the other person would have made in the circumstances;
  • keep accurate records of dealings and transactions;
  • keep the other person's property and money separate from their own; and
  • avoid situations in which the attorney has a conflict of interest.

Seek legal advice

The Power of Attorney (Financial) information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.

Questions or further information

If you have questions:

  • about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
  • about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
  • Options for what powers the attorney will have or any restrictions on the attorney’s authority
  • Options for when it takes effect
  • Option to appoint up to 3 attorneys
  • Flexibility to appoint an alternative attorney in case no attorney is able to act
  • Includes copy function for address details - saving you typing