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Power of Attorney
This is a document which appoints someone to manage your financial affairs when you are incapable of doing so (e.g: you are physically or mentally disabled, or overseas.) Your attorney has to act bona fide (a Latin term meaning “fair dinkum”) in your interests, but can basically do anything with your money and property that you can do.
You should only appoint someone you trust. You should consider appointing an alternate Attorney, or Joint Attorneys, in case your nominated Attorney is unavailable or incapable themselves.
You need to decide whether you want the Power of Attorney to operate while you are of unsound mind. This is, of course, often the exact point of the document, but it may not be and if the document is not certified by a solicitor then it ceases to operate when you are of unsound mind.
You may limit the use of the Power of Attorney to certain events, or during a certain time and you may impose such conditions upon the use of your Power of Attorney as you choose.
If your Power of Attorney is to be used to conduct any land dealings (e.g. buying or selling real estate, entering into a mortgage) then the document will need to be lodged at the Department of Lands. This incurs registration fees in the approximate sum of $100.00 per Power of Attorney. This can be done now, or later if it becomes necessary. 
Here is a link to the Powers of Attorney Act, 2003
Contact BRRT now for further information and advice about a Power of Attorney, including registration:
Brad Watts (m) 0416 041 572 (e) brad@brrt.net.au
Tina Huntingdon (m) 0402 588 964 (e) tina@brrt.net.au
Power of Enduring Guardianship
A Power of Enduring Guardianship relates to your medical and life-style decisions in the event that you are incapable of making those decisions for yourself. The document is similar to a "Living Will", although there is in fact no such thing as a "Living Will" in New South Wales.
You can provide your Guardian with such direction as you wish, although such directions are not necessarily binding. The more specific you are the more guidance your guardian will have and the more weight the document may ultimately carry.
You need to sign this document in front of a solicitor.
If you have not appointed a guardian, or there is any dispute over what care you should receive, an application to the Guardianship Tribunal may be necessary, which can be expensive and take time. You should appoint someone you trust. You should consider appointing an alternate Guardian, or Joint Guardians, in case your nominated Guardian is unavailable or incapable themselves. The person(s) you appoint will need to sign the document in front of a solicitor to accept their appointment.
Contact BRRT for further information and advice about a Power of Enduring Guardian
Brad Watts (m) 0416 041 572 (e) brad@brrt.net.au
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