Introduction
A Power of Attorney is a legal document where you nominate a person or trustee to manage your assets and financial affairs. This may be because you are travelling, or ill, or have had an accident.
You still control your affairs, and you can revoke your Power of Attorney at any time, if you understand the importance of the decisions you are making.
A General Power of Attorney becomes invalid when you die, or you lose the mental capacity to manage your own affairs.
An Enduring Power of Attorney will continue to have effect during your lifetime, even if you lose the capacity to self-manage. It also becomes invalid on your death.
If you’d like NSW Trustee and Guardian to make your Power of Attorney document you can begin the process online.
Note: Certain pensioners may be able to access this service for free if they meet the eligibility criteria.
Eligibility
You must:
- be 18 years or over
- understand the nature and effect of the appointment of a Power of Attorney.
Note: Power of Attorney preparation services are provided free for people who are eligible for a full Centrelink age pension. This includes those receiving other government benefits, such as a Department of Veterans' Affairs pension, who would otherwise be eligible for a full Centrelink age pension.
How to get started
- Check the eligibility requirements.
- Select the 'Get started' button.
- View your options.
- Select the 'Request an appointment' button and complete the online form.
- NSW Trustee and Guardian will contact you to organise an appointment time.
If you don’t wish to start the process online, you can:
- arrange an appointment at a NSW Trustee and Guardian branch, or
- make a booking at a Plan Ahead Day in your area.
More information
- When NSW Trustee and Guardian prepares your Power of Attorney, you can appoint to act as your attorney either:
- NSW Trustee and Guardian
- a person of your choosing and NSW Trustee and Guardian as substitute attorney, or
- a person of your choosing.
- When you appoint NSW Trustee and Guardian as your attorney (or first-named substitute only), the original document is held free of charge by the agency, and you receive a copy for your own records.
- The fees and charges for NSW Trustee and Guardian to prepare your Power of Attorney and to act as Power of Attorney once it is activated are set by government.
- Enduring Guardianship is a complementary document to an Enduring Power of Attorney. An Enduring Guardian is someone you appoint to make lifestyle, health and medical decisions for you when you're not capable of making them for yourself.