Power of Attorney in Sydney
Power of Attorney is a significant legal matter that affects many individuals and families in Sydney. At GJA Law, we provide clear, practical advice and tailored services designed to protect your interests. Our approach combines local expertise, transparency in fees, and a commitment to simplifying complex legal processes.
What Is Power of Attorney?
Power of Attorney involves specific legal rights and responsibilities that can impact your property, family, or estate planning. We explain the law in plain English and provide practical examples, ensuring you fully understand what is involved. This helps remove uncertainty and allows you to make confident, informed decisions.
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Powers of Attorney Act 2003
The Powers of Attorney Act 2003 (‘the Act’) introduced changes to the laws relating to Powers of Attorney, particularly to Enduring Powers of Attorney.
- The Act applies to any Power of Attorney executed on or after 16 February 2004.
- Any Powers of Attorney created prior to this date continue to be governed by the Conveyancing Act 1900 (with some exceptions).
Why Have a Power of Attorney?
A Power of Attorney is useful when the Donor cannot deal with their own affairs and requires someone to do so on their behalf.
There are two main types:
- General Power of Attorney – ceases to have effect when the Donor becomes of unsound mind.
- Enduring Power of Attorney – continues to have effect once the Donor is unable to manage their own affairs (e.g., due to loss of mental capacity).
Enduring Powers of Attorney
The new Act makes additional requirements for making an Enduring Power of Attorney:
- The Donee must consent to the authority by signing the form.
- The Donor’s signature must be witnessed by one of the following:
- Solicitor or barrister
- Registrar of a Local Court
- Licensed Conveyancer
- Employee of the Public Trustee who has completed an approved course
- The witness must sign a certificate stating they explained the effect of the Power to the Donor and that the Donor understood it.
Benefits to the Attorney and Others
The Act clarified whether an Attorney can use the Donor’s funds to confer benefits on themselves or others.
Under the new Act, the prescribed form allows specific clauses enabling the Donee to:
- Give gifts from the Donor’s funds to close friends and relatives
- Use funds for the Donee’s reasonable living and medical expenses
- Use funds for others’ reasonable living and medical expenses
Case Studies
Case Study 1:
A young woman is travelling overseas and wishes to authorise her partner to sell a property on her behalf while she is away. She can make a Power of Attorney with a limitation that it only applies between specified dates and only for signing documents in relation to the sale of that property.
Case Study 2:
A retired man authorises his son to deal with his financial affairs permanently by making an Enduring Power of Attorney. After being diagnosed with a debilitating mental illness, his son is able to continue to make financial decisions on his behalf.
Our Services
GJA Law’s solicitors assist with Powers of Attorney & Guardianship by:
- Drafting and checking agreements
- Providing clear legal advice
- Assisting in negotiations or disputes
- Working collaboratively with advisers
- Overseeing the process with care and accuracy
Why Choose GJA Law?
- Personalised advice for your circumstances
- Fixed fees and transparent billing
- Deep experience across multiple areas of law
- Technology that helps reduce risk and delay
- A service ethos built around client confidence
Contact Us
If you are dealing with power of attorney in Sydney, contact GJA Law today. Our experienced lawyers will guide you through the process with confidence and provide the support you need.