NSW Guardian Tribunal Enduring Power of Attorney

You can also appoint the public trustee or a trustee

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Unformatted text preview: nt a family member or a close friend as your attorney. You can also appoint the Public Trustee or a trustee company but fees will apply. You should contact these organisations for more information. How many attorneys can I appoint? You can appoint more than one attorney. When appointing more than one attorney, you should choose people who can cooperate with each other and who you trust to work together in your best interests. You can appoint your attorneys to act: • jointly and severally (this means that the attorneys can make decisions together or separately), • severally (this means that any one of the attorneys can make decisions independently of the other attorneys), • jointly (the attorneys must agree on all decisions). What if one of my attorneys dies or cannot continue for some reason? Your power of attorney may be affected if one of your attorneys dies or cannot continue in their role. This depends on how you appointed the attorneys. If you appointed them to act jointly and one of them is no longer willing or able to carry out their duties, then this will automatically end the enduring power of attorney. However, if you appointed your attorneys to act jointly and severally or severally then the enduring power of attorney will continue, even when one of them can no longer act. The remaining attorneys can keep making decisions for you. page 2. • avoid doing anything as an attorney which would mean that their interests conflict with your interests; • obey your instructions while you are mentally capable and any directions you make in the enduring power of attorney; • act according to any limits or conditions placed on their authority; How do I make an enduring power of attorney? A form is attached to this guide which you can use to make an enduring power of attorney. You must sign the form and have your signature witnessed. Your attorney(s) must sign the form before they can act as your attorney/s. If the form does not meet your needs you may wish to contact your legal adviser who can prepare a form for you. An enduring power of attorney must include a wi...
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