At Langenberg Law, located in Sydney, we understand how important it is for individuals to have someone they trust to make important decisions on their behalf. That's why we offer services for Enduring Guardianship and Power of Attorney to help ensure your rights and well-being are protected, even in times of uncertainty.
Ask Us What the Difference is
At Langenberg Law, located in Sydney, we understand how important it is for individuals to have someone they trust to make important decisions on their behalf. That's why we offer services for General and Enduring Powers of Attorney and Enduring Guardianship to help ensure your rights and well-being are protected, even in times of uncertainty.
In New South Wales, a Power of Attorney is a legal document that allows you to appoint a trusted individual to handle your financial affairs, such as selling your house or managing your bank accounts. On the other hand, an Appointment of Enduring Guardianship is used to appoint someone to make decisions regarding your health and living arrangements should you become unable to make those decisions yourself.
Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.
Before you need them! These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident that the person you choose will make important decisions about your money, your living arrangements and your health.
You can choose when you want it to start. If you don’t make it clear when you want it to start, then it will commence when your attorney signs the document to accept their position.
It would be best to appoint someone you trust to make the right decisions. You can appoint more than one person if you wish, and you can specify exactly how they make their decisions – jointly or separately. For a Power of Attorney, ensure that the person you appoint has the necessary skills to deal with your finances.
They are legally responsible to you and must act in your best interests. While you have mental capacity, they must obey your instructions. They cannot give gifts to themselves or anyone else unless you specifically authorise this. They must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.
You must discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.
Yes, these documents need to be witnessed by a solicitor/conveyancer or a registrar of a Court and cannot be witnessed by your attorney.
Yes, as long as you still have the decision-making capacity to do so, you can revoke or change these documents. This must be done in a legally binding way, however, so please seek legal advice.
If you have questions about power of attorney or enduring guardianship, call (02) 9629 7725 OR 0400 675 116 today.
Browse Our Website
Contact Details
Phone: 02 9629 7725
Mobile: 0400 675 116
Email: [email protected]
Address: Suite 23/ 5 Inglewood Pl
Baulkham Hills, NSW, 2153