By CM Lawyers – Marrickville’s Power of Attorney Specialists
Making sure your financial and legal affairs are in order is one of the most important steps you can take to protect yourself and your loved ones. A Power of Attorney (POA) is a legal document that allows someone you trust to act on your behalf—but with several different types available in NSW, how do you know which one is right for you?
At CM Lawyers in Marrickville, we’ve helped countless clients across Sydney and the Inner West choose the right Power of Attorney for their needs. In this expert guide, we’ll walk you through the main types of POA in NSW, when to use each, and the key factors you should consider before making your decision.
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:
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Explain your options in plain English.
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Help you understand the implications of each choice.
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Draft a POA that is valid, enforceable, and tailored to your situation.
The Main Types of Power of Attorney in NSW
1. General Power of Attorney
A General Power of Attorney is usually used for short-term or specific situations. It grants your attorney authority to act on your behalf for financial and legal matters but ceases to have effect if you lose mental capacity.
When it’s used:
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While you are overseas and need someone to manage property or bank accounts.
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During hospitalisation or recovery from surgery.
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For a specific transaction, such as selling a property.
Advantages:
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Quick to set up.
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Limited to the period or purpose you define.
Disadvantages:
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Not suitable for long-term planning in case of illness or incapacity.
2. Enduring Power of Attorney
An Enduring Power of Attorney (EPOA) allows your attorney to continue acting on your behalf even if you lose mental capacity. This makes it a vital tool for long-term planning, especially for older clients or those who want to prepare for unexpected illness or injury.
Learn more about: Understanding the Enduring Power of Attorney in NSW: A Comprehensive Guide
When it’s used:
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As part of an estate plan to ensure someone can manage your affairs if you develop dementia or suffer a serious injury.
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To allow a trusted person to handle your investments, bills, and property indefinitely.
Advantages:
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Remains valid if you lose capacity.
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Provides peace of mind for you and your family.
Disadvantage:
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Needs to be witnessed by a prescribed witness under NSW law (such as a solicitor).
3. Medical or Enduring Guardianship
Although technically different from a POA, an Enduring Guardianship is worth mentioning because many people mistakenly think a POA covers medical decisions—it does not. An Enduring Guardian can make health, lifestyle, and medical decisions for you if you lose capacity. Many clients choose to have both an Enduring POA and an Enduring Guardianship for complete coverage.
Which One Should You Choose?
The right POA depends on your circumstances, goals, and concerns. At CM Lawyers, we guide clients through this decision using a personalised approach:
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Short-term needs (travel, surgery, temporary unavailability) → General Power of Attorney.
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Long-term security (ageing, illness, complex asset management) → Enduring Power of Attorney.
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Health and lifestyle decisions → Enduring Guardianship alongside your POA.
Factors to Consider Before Choosing
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Purpose – Is this for a short-term transaction or long-term planning?
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Attorney’s Availability – Will they be able to act quickly when needed?
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Complexity of Your Affairs – Property, investments, and businesses may require broader powers.
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Trustworthiness – Your attorney will have significant legal authority, so choosing someone reliable is critical.
How CM Lawyers Helps You Choose the Right POA
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Clear Advice – We explain each type, its powers, and its limitations.
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Custom Drafting – Your POA is tailored to your unique needs.
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Valid Execution – We act as the prescribed witness where required.
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Registration Support – If your POA will be used for property transactions, we handle NSW Land Registry Services registration for you.
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Ongoing Assistance – If your circumstances change, we update your POA to ensure it remains relevant and enforceable.
Client Example: Making the Right Choice
A Marrickville client came to us needing someone to manage her property while she spent a year overseas. Initially, she considered an Enduring POA, but after discussing her plans, we determined a General POA was more suitable for her short-term needs.
We drafted the document, explained her attorney’s responsibilities, and ensured it would expire automatically when she returned—avoiding unnecessary ongoing powers.
Learn more about How to Protect yourself with (and from) Your Power of Attorney
Common Mistakes When Choosing a POA
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Using a General POA when long-term coverage is needed – leaving no legal authority if you lose capacity.
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Not using a prescribed witness for an Enduring POA – making the document invalid.
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Failing to register for property transactions – causing settlement delays.
Our Process: From Consultation to Completion
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Initial Consultation – We learn about your needs and recommend the right POA type.
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Tailored Drafting – We prepare the document with clear terms.
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Witnessing – For Enduring POAs, we act as your prescribed witness.
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Registration (if required) – We lodge your POA with NSW Land Registry Services.
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Secure Storage – We can store the original and provide certified copies.
Why Marrickville Residents Choose CM Lawyers?
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Local Expertise – Serving the Inner West community for years.
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Full-Service Legal Support – We also assist with Wills, Enduring Guardianships, and estate planning.
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Personalised Approach – No “cookie cutter” solutions.
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Transparent Pricing – Fixed fees, no surprises.
Take the Next Step
Choosing the right type of Power of Attorney isn’t just a legal decision—it’s about safeguarding your future. At CM Lawyers in Marrickville, we make sure your POA is the right fit, legally binding, and ready to work when you need it.
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