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The NSW Guardianship Act gives power to your spouse and/or family members to make these decisions on your behalf without having to appoint an Enduring Guardian in an Enduring Guardianship document.
You can also register a power of attorney in the General Register of Deeds at Department of Land and Property Information for safe keeping. There is a registration fee payable.
Select the Download PDF form button. Print and complete the form. You and your Enduring Guardian/s need to sign the form and have your signatures witnessed by an eligible witness. Store the original form in a safe place, for example where you keep your Will and Enduring Power of Attorney documents.
The witness cannot be the Enduring Guardian, or a substitute Enduring Guardian. The witness must be an Australian legal practitioner/ Registrar of the NSW Local Court/overseas- registered foreign lawyer or approved employee of NSW Trustee Guardian. Only these persons can witness the execution of this appointment.
An Enduring Power of Guardianship (EPG) allows the guardian to make medical, healthcare, accommodation and lifestyle decisions on behalf of the donor if he/she loses mental capacity*. However the guardian cannot make financial decisions.
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The witness cannot be the Enduring Guardian, or a substitute Enduring Guardian. The witness must be an Australian legal practitioner/ Registrar of the NSW Local Court/overseas- registered foreign lawyer or approved employee of NSW Trustee Guardian. Only these persons can witness the execution of this appointment.
No. Enduring guardianship is about the legal appointment of a person to make health and lifestyle decisions. An advanced directive is a document that sets out your views and wishes about future medical treatment. More information is available from the New South Wales Government Health launch website.
An Enduring Power of Guardianship does not permit your guardian to make a property or financial decisions on your behalf. You can appoint more than one enduring guardian as joint enduring guardians. However, they must act jointly, which means they must docHub an agreement on any decisions they make on your behalf.
What will happen if I havent made an enduring power of attorney? If you lose capacity and havent made an enduring power of attorney there will be nobody with legal authority to manage or make decisions about your property and finances. Your family may have difficulty accessing your bank account to pay your bills.
Enduring Power of Attorney must be witnessed by a prescribed witness, which includes solicitors, certain employees of NSW Trustee Guardian, Registrars of the Local Court, and others. should be prepared in advance while you have capacity to do so. ceases to have force when you die.

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