"
skip to Main Content

02 4050 0330

    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

            Read More

    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

            Read More

    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

            Read More

    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

            Read More

    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

            Read More

    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

            Read More

    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

            Read More

    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

            Read More

    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

            Read More

    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

            Read More

    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

            Read More

    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

            Read More

    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

            Read More

    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

What should be included in a Power of Attorney?

It is important to understand that a Power of Attorney gives authority to the appointed Attorney to act on your behalf in relation to your legal and financial affairs. It will not give authority to another to make decisions for you relating to lifestyle decisions. An Appointment of an Enduring Guardian will enable the appointed guardian to make personal and lifestyle decisions for you when you are incapable of doing so yourself.

There are specific elements of information that are required to ensure a POA document is valid and effective in New South Wales. Power of Attorney (POA) is a legal document that allows one person to appoint another person to act on their behalf in various legal, financial, or personal matters. 

In New South Wales there are two types of POA documents:

  • Enduring Power of Attorney allows you to appoint a person/s to manage financial and legal decisions on your behalf and continues even if you lose the ability to make decisions for yourself
  • General Power of Attorney allows you to appoint a person/s to manage financial and legal decisions on your behalf, only while you have the ability to make your own decisions

What is a Power of Attorney? 

A Power of Attorney (POA) is a legal document under which one person (the principal) appoints another person to act on their behalf in various legal and financial matters (the attorney). 

In New South Wales there are two types of POAs:

  • Enduring Power of Attorney which allows you to appoint a person/s to manage financial and legal decisions on your behalf and continues even if you lose the ability to make decisions for yourself
  • General Power of Attorney allows you to appoint a person/s to manage financial and legal decisions on your behalf, only while you have the ability to make your own decisions

Each POA can be limited to certain functions and powers or can authorise additional functions and powers.

What should be included in a Power of Attorney in NSW?

There are specific elements that are required to ensure a POA document is valid and effective in New South Wales: 

Identification of Parties:

    • The document should clearly identify the principal (the person granting the power) and the agent (the person receiving the authority).

Type of Power of Attorney:

    • Specify the type of POA, whether it is a General Power of Attorney or an Enduring Power of Attorney

Scope of Authority:

    • It is important to clearly outline the powers and responsibilities granted to the agent, including any conditions or limitations. Specify whether it’s a general or specific authority and describe the tasks or decisions the attorney is authorised to make. This can include the following powers:
      1. to give gifts;
      2. to recover expenses incurred in operating the power of attorney;
      3. to make certain nominations of beneficiaries under the Principal’s superannuation policy;
      4. to deal with digital rights;
      5. to provide financial support for a spouse;
      6. to act in the Principal’s capacity as director of a company;
      7. to sell, purchase, or mortgage real estate
      8. to operate bank accounts;
      9. to take, maintain and settle legal proceedings.

When the power is to come into operation:

    • It is important to clearly provide when the POA commences to operate. This needs to be specified without any ambiguity. An Enduring Power of Attorney is intended to remain in effect even if the principal becomes incapacitated while a general POA becomes invalid if the principal becomes incapacitated. 

Execution Date:

    • Include the date when the document is signed. This is essential for record-keeping and validation.

Witnesses:

    • The POA document requires a prescribed witness’s signature. This is usually the solicitor who is present when the principal signs the document. 

Certificate under section 19 of the Powers of Attorney Act 2003:

    • This provides for the creation of an enduring POA and must be signed by a solicitor upon the principal signing

Agent’s Acceptance:

    • By way of signature, the attorney should acknowledge their acceptance of the appointment

Legal Requirements:

    • Ensure that the POA complies with all relevant laws and regulations in NSW, which may change over time. Consult with a legal professional to be sure.

Registration, if applicable:

    • If the attorney is signing certain documents that affect real estate, the POA must be registered at NSW Land Registry Services

Keep in mind that while a POA grants significant authority to the attorney, it should always be created with the principal’s best interests in mind. It is advisable to consult with a legal professional who can provide guidance and ensure that the document meets all legal requirements and addresses the principal’s specific needs and concerns. Phone us on (02) 4050 0330 or enquire online.

 

Recent Articles

Stay Updated With Legal News
Subscribe To Our Newsletter

This field is for validation purposes and should be left unchanged.