Who Should You Trust with Your Power of Attorney – A Sydney Lawyer’s Guide

By CM Lawyers – Marrickville’s Power of Attorney Specialists 

A Power of Attorney (POA) is one of the most powerful legal documents you can create. It allows someone else—your attorney—to make legal and financial decisions on your behalf. Choosing the right person is critical. The wrong choice can lead to mismanagement, disputes, or even financial loss. 

At CM Lawyers in Marrickville, we’ve seen first-hand the difference that a trusted, capable attorney can make. In this guide, we’ll help you understand who you should trust with your Power of Attorney, what qualities to look for, and how to safeguard your interests under NSW law. 

Why Choosing the Right Attorney Matters  

A Power of Attorney gives significant authority—your attorney could buy or sell property, access bank accounts, sign contracts, and handle investments. If you choose the wrong person, they may misuse that authority, intentionally or unintentionally. 

The safest approach is to seek legal advice before appointing your attorney. At CM Lawyers, we ensure your POA is legally binding, tailored to your needs, and structured to minimise risks. 

Why the Right Type of Power of Attorney Matters 

The wrong type of POA can limit your attorney’s powers, cause unnecessary delays, or even leave you without legal protection in an emergency. For example, a General POA becomes invalid if you lose mental capacity, which can leave your affairs unmanaged at the time you need help the most. CM Lawyers can help you with your Power of Attorney concerns. 

Our job as your lawyers is to: 

• Explain your options in plain English. 

• Help you understand the implications of each choice. 

• Draft a POA that is valid, enforceable, and tailored to your situation. 

Qualities to Look for in Your Attorney 

From our experience advising clients in Sydney and the Inner West, the most suitable attorneys have these qualities: 

• Trustworthiness – This is non-negotiable. Your attorney will have access to your finances and assets.

• Financial Responsibility – They should have a solid track record of managing their own finances well.

• Availability – They must be willing and able to step in when needed, sometimes at short notice.

• Decision-Making Skills – Your attorney should be able to make sound, informed decisions, even under pressure.

• Communication Skills – They should be able to explain decisions and keep you (or your family) informed. 

Learn more about How to Protect Yourself With (and from) Your Power of Attorney

Who You Can Legally Appoint in NSW   

Under NSW law, your attorney must be: 

• Over 18 years old. 

• Someone who is mentally capable of making legal and financial decisions. 

Many people appoint: 

• A spouse or partner. 

• An adult child. 

• A trusted friend. 

• A professional, such as a solicitor or accountant. 

Should You Appoint More Than One Attorney?  

You can appoint more than one attorney, and they can act: 

• Jointly – They must agree on every decision. 

• Severally – Each can make decisions independently. 

• Jointly and Severally – They can act together or separately. 

Example from our practice: 
A Marrickville couple appointed both their adult children as joint attorneys. This ensured transparency but meant both had to sign for every property or banking transaction. Later, we helped them amend the POA to “jointly and severally” so one child could act alone in urgent situations. 

Risks to Avoid When Choosing an Attorney   

• Family Disputes – Choosing one child over another can cause tension. 

• Lack of Financial Skills – Even an honest attorney may make poor financial decisions without experience. 

• Geographical Distance – Attorneys living overseas may face delays in signing or acting on urgent matters. 

At CM Lawyers, we help clients weigh these risks and, where necessary, include safeguards in the POA to prevent misuse of power.  

Safeguards You Can Put in Place  

To protect yourself, we can: 

• Limit the scope of powers (e.g., no property transactions without written consent). 

• Require attorneys to provide financial reports to a nominated person. 

• Appoint a substitute attorney in case your primary attorney can’t act. 

These safeguards can make a significant difference in avoiding misuse and ensuring transparency. 

General vs Enduring Power of Attorney – Which Affects Your Choice?   

• General POA – Used for short-term needs (e.g., while travelling overseas). The risk is lower as it ends if you lose capacity. 

• Enduring POA – Continues even if you lose capacity. This makes the choice of attorney even more critical because they may have to manage your affairs indefinitely. 

When preparing an Enduring POA, our Marrickville solicitors act as prescribed witnesses to confirm you understand the document’s effect—a vital step in making it legally binding. 

Case Study: Avoiding a Costly Mistake 

A Sydney client appointed a long-time friend as their attorney without legal advice. Years later, when the client developed dementia, the friend struggled to manage property sales and tax obligations, leading to delays and penalties. 

We were brought in to assist and recommended appointing a professional co-attorney alongside the friend. This combination provided both trust and financial expertise, ensuring the client’s affairs were handled properly.

You may want to read more about: How to Ensure Your Power of Attorney Is Legally Binding in NSW 

How CM Lawyers Helps You Appoint the Right Attorney  

• Personalised Legal Advice – We discuss your situation, assets, and concerns to recommend the most suitable attorney.

• Tailored Drafting – We customise the POA to define your attorney’s powers clearly.

• Risk Mitigation – We add clauses and safeguards to prevent misuse of power.

• Proper Witnessing – For Enduring POAs, we provide the required prescribed witnessing.

• Registration Assistance – If property is involved, we handle NSW Land Registry Services registration. 

Why Marrickville Residents Choose CM Lawyers   

• Local Knowledge – We’ve been serving Marrickville and the Inner West for years. 

• Full-Service Firm – We can prepare related documents like Wills and Enduring Guardianships for complete planning. 

• Proven Experience – We’ve prepared hundreds of POAs for individuals, couples, and business owners. 

• Fixed Fees – Transparent pricing so you know the cost upfront. 

Final Word: Trust is Everything 

Your attorney should be someone who will put your interests first, act with integrity, and make decisions as you would. At CM Lawyers, we help you make that choice wisely and ensure the legal framework is in place so your Power of Attorney is both valid and secure.