Will Lawyer BLOG

The power of having an attorney

A Power of Attorney is a legal document you can use to appoint someone (your Attorney) to act on your behalf in property and financial matters. 

There are two types of powers of attorney documents you can choose from, “General Power of Attorney” and “Enduring Power of Attorney”. 

A General Power of Attorney stops operating if you lose mental capacity.  This type of document is often used by people who want to continue making their own decisions but need someone to act for them for a short period of time, such as whilst they are overseas or in hospital.     

An Enduring Power of Attorney continues operating after you lose mental capacity.  When you make this document, you can choose for your attorney to start acting for you right away or only after you have lost capacity.

To make a Power of Attorney you must have mental capacity.  That is, you must have the ability to understand the powers you are giving to your Attorney over your property and financial affairs. 

An Enduring Power of Attorney is an important planning ahead tool.  Importantly, once you have lost capacity, it is too late to appoint someone as your Attorney.  In that case someone else may need to apply to the NCAT or the Supreme Court to have a financial manager appointed for you. This person may not be who you would have chosen to look after you. 

If you want to take control of your future and make sure the person you want to act for you has the power to do so, contact Brazel Moore Lawyers on (02) 4324 7699 to speak to an experienced Lawyer today.

You can decide how much power to give your Attorney.  For instance, you may give your Attorney very wide powers to do the things you would ordinarily do with your property and finances (such as manage your bank accounts or sell your home).  Alternatively, you may only want to give your Attorney limited power to do one or two things, such as pay your bills.

No matter how much power you decide to give to your Attorney, it is important to only appoint someone you trust.  If your Attorney acts dishonestly or is not acting in your best interests, it can be a time consuming, stressful and expensive process to have their power revoked and attempt to recover your assets.  If you have lost mental capacity then someone else who is interested in your welfare will need to apply to the NSW Civil and Administrative Tribunal (NCAT), Guardianship Division, or the Supreme Court to have the Attorney’s actions looked at.


On 20th November 2023, our office will relocate to Suites 5 & 6, Fountain Plaza, 148-158 Central Coast Highway, Erina.

Our telephone number, email address & website willl remain unchanged.