A Power of Attorney is a legal document where you nominate a person or trustee organisation to manage your assets and financial affairs, in case you’re unable to do so – for example, you may be travelling, or ill, or have had an accident. You still have control of your affairs, and you can revoke your Power of Attorney at any time, provided you have capacity to understand and appreciate the significance 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 however, 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 & Guardian to make your Power of Attorney document, you can begin the process, online. After you’ve filled out and submitted the online form, they’ll contact you, and you can arrange a time to visit them and finalise the documentation.
Note: Pensioners over 65 may be able to access this service for free if they meet certain eligibility criteria.
You must be:
- 18 years or over
- understand the nature and effect of the appointment of a Power of Attorney.
To be eligible for a free Power of Attorney preparation service, in addition to understanding the nature and effect of the appointment of a Power of Attorney, you need to be over 65 and receiving one of the following:
- a full Centrelink Age Pension
- a social security age pension from the Department of Veterans' Affairs, or
- a government benefit equivalent to either of the above.
How to get started
- Check the eligibility requirements.
- Select the 'Get started' button.
- Complete the online form.
- Select ‘Submit’.
- Within 24 hours (Monday to Friday during business hours), NSW Trustee & Guardian will contact you to organise an interview time.
If you don’t wish to start the process online, you can:
- When NSW Trustee & Guardian prepares your Power of Attorney, you can appoint to act as your attorney either:
- NSW Trustee & Guardian
- a person of your choosing and NSW Trustee & Guardian as substitute attorney, or
- a person of your choosing.
- When you appoint NSW Trustee & 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 & 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.