Power of Attorney & Enduring Guardianship
Decide who can act for you if you can’t. We prepare Enduring Power of Attorney (financial/legal) and Enduring Guardianship (health/lifestyle) documents, explain each step, witness correctly, and (where needed) register for property dealings.
Protect Your Future with Powers of Attorney & Enduring Guardianship
Put the right people in charge—properly.
EPOA and Enduring Guardianship drafted, witnessed and (if needed) registered correctly.
What these documents do (and don’t do)
- Enduring Power of Attorney (EPOA) authorises financial/legal decisions and can continue if you lose capacity—BUT it must be explained and witnessed by a prescribed witness with a signed certificate.
- Enduring Guardianship authorises health, lifestyle and care decisions (not finances).
- Both end when you die—after death, your executor/administrator takes over.
- Land dealings? The power of attorney must be registered with NSW Land Registry Services to sign a dealing affecting real property.
Registration tip: If your attorney must sign a land dealing (e.g., transfer, mortgage, lease) the power of attorney must first be registered with NSW LRS. You can register any POA in the General Register of Deeds and should lodge a revocation if you revoke it.
Which document covers which decisions?
Enduring Power of Attorney
- Banking, bills, investments, contracts, property sales/transfers (if registered for land).
- Can start immediately or on loss of capacity (as you choose).
- Requires prescribed witness and certificate.
Enduring Guardianship
- Accommodation, healthcare, services and lifestyle decisions.
- Appoints one or more guardians; takes effect if you lose capacity.
- Executed on the prescribed form and witnessed by eligible witness(es).
How We Can Help
Enduring Power of Attorney (Financial & Legal)
Authority for banking, investments and contracts; can continue if you lose capacity.
EnquireGeneral Power of Attorney (Short-Term / Specific)
Useful for travel or a single transaction; ends if capacity is lost.
EnquireEnduring Guardianship (Health & Lifestyle)
Appoint who can decide accommodation, healthcare and services if you can’t.
EnquireRegistration for Land Dealings (NSW LRS)
Register your POA so an attorney can sign transfers, mortgages or leases.
EnquireCapacity, Witnessing & Certificates
Prescribed-witness explanation for EPOA and correct execution for guardianship.
EnquireRevocation & Replacement
Update or revoke powers; notify third parties and lodge revocations if registered.
EnquireReady to appoint the right decision-makers?
We’ll align your EPOA and Enduring Guardianship with your Will and overall plan.
Frequently Asked Questions
What’s the difference between a Power of Attorney and Enduring Guardianship?
While both are tools for future planning, a Power of Attorney focuses on financial and legal matters, while Enduring Guardianship covers lifestyle and health decisions.
When should I set up a Power of Attorney and Enduring Guardianship?
It’s advisable to set these up while you are still capable of making decisions, as they can only be arranged when you have the mental capacity to understand the implications.
Can I appoint more than one person as my Attorney or Guardian?
Yes, you can appoint multiple people to act jointly, separately, or in a specific order. Our team can advise on the best arrangement for your needs.
Can I change or cancel my Power of Attorney or Enduring Guardianship?
Yes, you can revoke these documents as long as you still have mental capacity. We can guide you through the process if your circumstances change.
What happens if my appointed Attorney or Guardian can no longer act on my behalf?
You can appoint an alternate or successor in your document, or the court can assign someone if no one is available. Planning for this can prevent issues later.
Does an Enduring Power of Attorney cover medical decisions?
No, an Enduring Power of Attorney only covers financial and legal matters. For health and lifestyle decisions, you need an Enduring Guardianship.
Are Powers of Attorney and Enduring Guardianship recognised nationwide?
While these documents are recognised within Australia, different states may have slight variations in their requirements. We can help ensure your documents are legally sound.
What factors should I consider when choosing my Attorney or Guardian?
Trust, reliability, and an understanding of your values and wishes are key. We can discuss considerations to help you make an informed choice.
How can MCB Lawyers assist me in choosing the right Power of Attorney or Guardian?
Our team can provide guidance on the roles, responsibilities, and suitable candidates to help ensure your choices align with your future plans.
Is it necessary to register my Power of Attorney or Enduring Guardianship?
In some cases, registration may be required, such as for real estate transactions. We can clarify registration requirements based on your needs.