How to make a power of attorney in NSW
A power of attorney in NSW is made under the Powers of Attorney Act 2003 (NSW). A general power of attorney lasts only while the principal has capacity; an enduring power of attorney continues if the principal later loses capacity. The document must be signed by the principal and witnessed by a prescribed witness, and the attorney must sign an acceptance before acting.
The framework
Powers of attorney in NSW are governed by the Powers of Attorney Act 2003 (NSW) and the Powers of Attorney Regulation 2023 (NSW). Registration at NSW Land Registry Services is required only if the attorney will deal with real property.
The process
Decide on the type of power
Choose between a general power of attorney (while you have capacity) and an enduring power of attorney (continues if you lose capacity). Most estate planning uses an enduring power.
Choose the attorney(s)
Choose one or more attorneys and decide whether they act jointly, severally, or jointly-and-severally. Choose someone trustworthy and capable of handling financial decisions.
Consider restrictions and conditions
Decide any limits — specific assets, conditions on gifts, restrictions on benefits to the attorney, and whether the attorney must consult others.
Use the prescribed form
Use the Prescribed Form in Schedule 2 of the Powers of Attorney Regulation 2023 (NSW). Optional clauses can be added (gifts, benefits, limits).
Confirm the principal has capacity
The principal must have capacity when signing. If there is any doubt, obtain a medical capacity assessment from a GP or geriatrician before execution.
Sign in front of a prescribed witness
For an enduring power, the principal must sign in front of a prescribed witness (solicitor, barrister, registrar of the Local Court, or qualified legal clerk). The witness completes the prescribed certificate confirming understanding.
Have the attorney(s) accept
Each attorney must sign the acceptance section before they can act. The acceptance can be signed at the same time as the power or later.
Register if dealing with real property
If the attorney will deal with NSW real property, register the enduring power of attorney with NSW Land Registry Services under section 52 of the Real Property Act 1900 (NSW).
Store the original safely and give copies
Keep the original in a safe place. Give a certified copy to each attorney and to your solicitor or bank as needed. Consider telling trusted family members where the document is.
Revoke or update if circumstances change
Revoke the power by written notice and signed Revocation of Power of Attorney form if the principal wishes, before losing capacity. Consider reviewing the document after major life events.
Forms and templates
- Prescribed form — General Power of Attorney
- Prescribed form — Enduring Power of Attorney
- Revocation of Power of Attorney
Common mistakes
- Using a general power when an enduring power is needed
- Signing without a prescribed witness (invalid for enduring)
- Failing to have the attorney sign the acceptance
- Not registering when the attorney needs to deal with real property
- Appointing multiple attorneys without specifying how they act together
Get this process right with Quillio
Quillio can draft the prescribed NSW power of attorney form with appropriate conditions, acceptance, and revocation, under the Powers of Attorney Act 2003 (NSW). See /practice-areas/wills-estates-lawyers or start a free trial at /trial.
This guide is general information — not legal advice. Signing an invalid power of attorney can lead to serious problems if capacity is later lost. Obtain legal advice, especially if you have substantial assets, complex family situations, or concerns about capacity.
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