Enduring power of attorney in NSW: how to make one

An enduring power of attorney is one of the most useful documents you can put in place while you're well. This guide covers how it works in New South Wales. For the general picture across Australia, see our guide to enduring power of attorney.

What it covers in NSW

A power of attorney lets you appoint someone to act for you in relation to your property and financial affairs. A general power of attorney ends if you lose the capacity to make your own decisions. An enduring power of attorney continues even after you lose capacity, which is why it matters for planning ahead.

Enduring guardian: the other half

In NSW, decisions about your health care and lifestyle, such as where you live and the medical treatment you receive, are made by an enduring guardian, not your attorney. You appoint an enduring guardian with a separate Appointment of Enduring Guardian form, which also needs an eligible witness. Many people make both documents at the same time, and you can choose the same person for both. You may also want an advance care directive to record your treatment wishes.

Where to get the form

You can download a power of attorney form from the NSW Land Registry Services website, or buy a pack to prepare your own enduring power of attorney and enduring guardianship from a post office. A solicitor can also prepare it for you and advise on any conditions you may want to include.

Who can witness it

An enduring power of attorney in NSW must be witnessed by a prescribed witness. Under the Powers of Attorney Act 2003, this includes a barrister or solicitor, a licensed conveyancer, and certain employees of NSW Trustee and Guardian or a trustee company. A Registrar of the Local Court can witness one in some circumstances; bring identification if you make an appointment. The witness must explain the effect of the document to you, certify that you appear to understand it, and watch you sign.

After it's signed

Once it's signed, keep the original somewhere safe, give copies to the people who may need them, and write down where the original is kept. Our guide to storing important documents has more on this. If your situation is complicated, or you're not sure which document you need, a solicitor can help.

Sources

• Local Court of NSW: Power of attorney and enduring guardianship (checked November 2026)

This guide is general information only, not legal or financial advice.