General & Enduring Power of Attorney

Get in touch: 1800 770 780

How can we help?

Owen Hodge Lawyers in Sydney provide expert legal services including advice on Enduring Power of Attorney…

Power of Attorney (POA) is a legal document giving the appointee the power to do what one can do at law for a particular period or transaction, but terminates once the principal loses capacity. Whereas an Enduring POA is still effective once capacity is lost, which is fundamental for dementia patients.

The POA Act requires both the donor and attorney to sign and accept the conditions outlined in the document, this minimises misunderstanding about the attorneys duties and prevents problems after capacity is lost. As such a POA has significant financial responsibilities to the principal which must be complied with and creates a fiduciary relationship. However we only find the test for capacity to make an Enduring POA at common law, requiring the principal to understand the nature and effect of appointment.

An attorney must act in the best interests of the principal however this doesn’t prevent financial mismanagement or abuse. In order to prevent such a situation the law prevents an attorney from authorising a gift unless authority is clearly outlined. The POA Act also provides for the Supreme Court to make orders confirming powers in the best interest of the principal, illustrating that NSW legislation is effective in protecting the financial needs of dementia patients.

Administration of an Estate – Grant of Probate or Letters of Administration
Assets and Liabilities of an Estate
Contracts Involving Wills
Executors’ Obligations
General & Enduring Guardianship
General & Enduring Power of Attorney
Intestacy Rule
Legal Capacity and Wills
Living Wills and Mutual Wills
Not-For-Profit Organisations: Wills & Bequests
Retirement Village & Aged Care Advice
Retirement Village Accommodation
Revoking a Will
Special Disability Trusts – What Are they and How Can they Assist you

Testamentary Trusts
Blog – Estate Law
Ways to change your Will
Advanced Care Directives
Dementia and the Law
Does A Person Have Capacity To Make A Will?
Enduring Guardianship
How to begin dealing with a Deceased Estates
FAQ about Probate & Executor Duties
Family Provision Act Claims and Estates Disputes
FAQ about Planning For Your Future
Farm Succession Planning
FAQ about Wills & Estate Planning

Guardianship Tribunal Appeals
Granny Flats
How To Write A Will
Notary Public
Power of Attorney
Reviewing Your Trust Deed
Retirement Village & Aged Care Advice
Self Managed Super Funds and Estate Law
Superannuation Complaints Tribunal
Special Disability Trusts
Special Disability Trusts – extension to CGT relief
Substitute decision-making
The Succession Act
Transition to Aged Care
Wills & Estate Planning

Talk to Owen Hodge Lawyers

Owen Hodge is here to help

Get in touch now