Making a power of attorney is simple and easy. You should consult your lawyer but if you want to do it yourself, you can follow these basic steps:
- Decide who you will appoint as your attorney and discuss the appointment with them. Your attorney should be an adult who you trust can handle your legal and financial matters. You can appoint more than one person as your attorney.
- Download the standard power of attorney form from the internet (preferably from a NSW Government website to ensure that it is valid and current). Do not use forms from different states or different countries otherwise they will not be valid in New South Wales.
- Complete the power of attorney making sure the names, addresses, and any limitations to the attorney’s powers are correct.
- Sign the power of attorney in front of an adult witness. Your attorney cannot be your witness.
- Give the original signed power of attorney to your attorney. You should also keep a copy for yourself and record who you have appointed as your attorney in case you change your mind and wish to revoke the appointment.
- If you are unsure of any of these steps, you should always seek professional assistance from your lawyer.
For an enduring power of attorney to be legally valid, you cannot do it yourself. You must obtain legal advice from your lawyer, they must witness your signature, and they must sign a certificate confirming that they provided you with advice and witnessed your signature. If you want to make an enduring power of attorney, you should consult your lawyer first.