ENDURING POWERS OF ATTORNEY: WHY YOU SHOULD MAKE ONE

When you have planning ahead documents such as a will, powers of attorney and enduring guardianship and an Advance Care Directive in place, then you will know that you have done everything you can to make certain that both your future and your loved ones’ futures are covered.

It is highly advisable, particularly when you are getting older, to make an Enduring Power of Attorney so you have an Attorney (this is a person/s you trust to act for you in your legal and financial affairs) down the track if you do lose capacity. This document must be created before you lose capacity. Justice Connect provides a very clear explanation of the need for an Enduring Power of Attorney. NSW Land Registry Services also provides a very comprehensive Fact Sheet re Enduring Powers of Attorney.

 RELEVANT LEGISLATION

The Powers of Attorney Act (NSW) 2003 is always a useful reference if you wish to understand more about Powers of Attorney:

REGISTERING AN ENDURING POWER OF ATTORNEY

If you are an attorney and you need to sign documents that affect real estate, the power of attorney must be registered at NSW Land Registry Services.

REGISTERING AN EPOA SO LAND DEALINGS CAN BE MADE

You can post EPOA: the original and a photo copy sent under registered post to

NSW Land Registry Services

1 Prince Albert Rd

Queens Square

Sydney NSW 2000

The LRS will provide a number which shows it is registered and you use this number when you deal with the property

The cost to register is approximately $150.

Flanagan Legal Newcastle can draft an Enduring Power of Attorney for you at a very reasonable cost.