Power of Attorney and Enduring Guardianship - Protect Your Future
Planning for the future is essential, and setting up a Power of Attorney in NSW ensures that trusted individuals can manage your financial and personal affairs if you become unable to do so.
An Enduring Power of Attorney allows someone to continue managing your financial decisions even if you lose mental capacity, while an Enduring Guardianship NSW gives someone the legal authority to make healthcare and lifestyle decisions on your behalf.
At Eleven Legal, we specialise in preparing and managing these critical documents to give you peace of mind and make sure you get what you want.
Do You Need a Power of Attorney or an Enduring Guardianshp?
The short answer is yes – everyone should have these documents in place, even if you think you will never need them.
Without a valid Power of Attorney or Enduring Guardianship, difficulties can arise if you suffer from an unexpected illness or injury in the future. Having these documents ready ensures that your financial and medical affairs are handled according to your wishes.
What is a Power of Attorney?
It is a legal document that authorises someone (the attorney) to act on your behalf in financial and legal matters. There are two types:
General Power of Attorney
- Allows an appointed person to manage your financial affairs.
- Is valid only while you have mental capacity.
- Can be revoked at any time, provided you have mental capacity.
Enduring Power of Attorney
Remains effective even if you lose mental capacity.
Provides long-term financial management protection.
- Ensures that your financial affairs are handled without the need for court intervention.
What is Enduring Guardianship?
An Enduring Guardianship allows you to appoint a trusted person to make healthcare, lifestyle, and medical decisions if you become incapacitated.
Key Reponsibilities of an Enduring Guardian
- Making medical treatment decisions.
- Choosing accommodation and personal care arrangements.
- Providing guidance on end-of-life care.
Advanced Healthcare Directive
An Advanced Healthcare Directive sets out how you wish to be treated if you become incapacitated and can no longer make medical decisions for yourself.
- Outlines your preferences for medical care and treatment.
- Ensures that your medical care team follows your stated wishes.
- We usually incorporate these directives into your Enduring Guardianship to simplify the process.
Why You Need a Power of Attorney and Enduring Guardianship
They ensure your interests are protected if you become unable to manage your affairs. Benefits include:
Avoiding financial mismanagement by appointing a trusted person.
Ensuring medical decisions align with your wishes.
Reducing stress for family members by providing clear legal authority.
Have You Been Assigned as a Power of Attorney or Guardian?
If you have been assigned a Power of Attorney or Enduring Guardianship, make sure you understand your legal responsibilities. It is a position of trust, but once your duties are explained, you will find it easier to manage these responsibilities effectively.
At Eleven Legal, we provide clear guidance to attorneys and guardians, ensuring you understand your obligations and how to fulfil them.
Our Services at Eleven Legal
Drafting & Customising Legal Documents
Create legally binding Power of Attorney and Enduring Guardianship documents tailored to your needs. Our expert estate planning lawyers ensure your documents comply with NSW laws and reflect your specific wishes.
Reviewing & Updating Existing Documents
Ensure your Power of Attorney and Guardianship documents are up-to-date and reflect your current circumstances. We review and revise existing documents to protect your interests and align with life changes.
Legal Advice & Dispute Resolution
Get expert guidance on Power of Attorney and Guardianship matters. Whether you’re dealing with disputes, misuse, or unclear terms, our estate lawyers provide strategic advice to resolve conflicts efficiently.
Real Reviews From Real People
FAQS About Power of Attorney and Enduring Guardianship
Who Should I Appoint as My Attorney or Guardian?
Choose someone responsible, trustworthy, and capable of making financial or medical decisions in your best interests.
Can I Have Multiple Attorneys or Guardians?
Yes, you can appoint multiple attorneys or guardians to act jointly or separately.
When Does a Power of Attorney or Enduring Guardianship Take Effect?
A General Power of Attorney starts immediately, while an Enduring Power of Attorney begins when you lose mental capacity. Enduring Guardianship starts when you can no longer make health decisions for yourself.
Can I Revoke a Power of Attorney or Guardianship?
Yes, you can revoke or amend your POA or guardianship while you still have legal capacity.
Book an Appointment with Eleven Legal
Ensure your financial and healthcare decisions are in safe hands. Our expert lawyers are here to guide you through the process.
We make it easy to set up your Power of Attorney and Enduring Guardianship.
Related Services
Need help with other legal matters? Explore our other services below.
