Enduring Power of Attorney (NSW prescribed form)
The NSW Enduring Power of Attorney is the prescribed form a principal uses to appoint an attorney to make financial and legal decisions, with authority that continues even if the principal later loses capacity.
This is the genuine NSW LRS PDF, unmodified. Source: NSW LRS official page.
What is EPA?
The Enduring Power of Attorney is a New South Wales prescribed form that lets a person, the principal, appoint one or more attorneys to make financial and legal decisions on their behalf. What makes it enduring is that the attorney's authority continues if the principal loses mental capacity, which an ordinary power of attorney does not.
The form records the principal, the attorney or attorneys, when their power begins, and any conditions or limitations the principal wants to set. To be effective it must be signed and witnessed by a prescribed witness, and the attorney should accept the appointment. It is a legal document rather than a form lodged with a government department, though it is registered with NSW Land Registry Services if it is to be used for land dealings.
Who files EPA?
- A principal appointing an attorney to manage their financial and legal affairs
- People planning ahead in case they lose capacity to make decisions
- Attorneys accepting an appointment under an enduring power
- Principals who want to set conditions or limits on the attorney's authority
How to fill out EPA
- Enter your details as the principal and the details of the attorney or attorneys you are appointing.
- State when the attorney's power begins and set out any conditions or limitations.
- Sign the document in the presence of a prescribed witness who completes the witness certificate.
- Have each attorney sign to accept the appointment.
- Keep the signed original safe, and register it with NSW Land Registry Services if it will be used for land dealings.
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Frequently asked questions
What makes a power of attorney enduring?
An enduring power of attorney continues to operate if the principal loses mental capacity, whereas a general power of attorney ends at that point. That is why the enduring form is used for long-term planning.
Does it need to be witnessed?
Yes. For the enduring power to be effective in NSW it must be signed and witnessed by a prescribed witness, such as a solicitor, who completes the witness certificate on the form.
Do I have to register it?
You only need to register the enduring power of attorney with NSW Land Registry Services if it will be used for dealings with land. Otherwise the signed and witnessed document operates without registration.