NSW Guardian Tribunal Enduring Power of Attorney

The witness must be present when you sign your

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Unformatted text preview: tness’s certificate completed and signed by an appropriate witness. The witness must be present when you sign your enduring power of attorney. The only witnesses who can witness your signature on an enduring power of attorney and complete the certificate are: • an Australian solicitor or barrister • not give gifts or give themselves or others a benefit using your finances unless you specifically authorise this; • keep their finances and money separate from yours; • keep accurate and proper records of their dealings with your finances or property. If your attorney abuses their position of trust, legal action can be taken to protect your interests. When does an enduring power of attorney start? You can choose when you would like your enduring power of attorney to start. You may want the enduring power of attorney to start immediately after you appoint the attorney or at some future date. When you make an enduring power of attorney, you should make it clear when you want it to start. If you do not make this clear, then the enduring power of attorney will start when the attorney accepts the appointment by signing the enduring power of attorney. When does an enduring power of attorney end? An enduring power of attorney ends: • a registrar of a NSW Local Court • a licensed conveyancer or an employee of the Public Trustee/private trustee company who has completed an approved course • a qualified overseas lawyer. Your enduring power of attorney cannot be witnessed by someone who you are also appointing as your attorney (for example if you are appointing your solicitor as your attorney then he or she cannot also be your witness). Do I need to register the enduring power of attorney? If your attorney needs to use the enduring power of attorney to deal with any real estate you own in NSW, then, in most cases, the enduring power of attorney must be registered with Land and Property Services NSW. There is a fee charged for registering an enduring power of attorney. Even if there is no requirement to register the enduring power of attorney, you may choose to do so because that means the enduring power of attorney: • will be on record as a public document; • when you revoke it (so long as you have mental capacity at that time); • will be kept safe from loss or destruction; • on your death; • when you have only appointed one at...
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