{"id":"nsw:sl-2024-0412","name":"Powers of Attorney Regulation 2024","slug":"powers-of-attorney-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"412 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174501,"registerId":"nsw-sl-2024-0412-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Powers of Attorney Regulation 2024](/view/html/inforce/current/sl-2024-0412).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Powers of Attorney Regulation 2016](/view/html/repealed/current/sl-2016-0548), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Powers of Attorney Act 2003](/view/html/inforce/current/act-2003-053).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Certification of copy of power of attorney—the Act, s 44","content":"#### 4 Certification of copy of power of attorney—the Act, s 44\n\n4 Certification of copy of power of attorney—the Act, s 44\n\n> For the Act, section 44(1)(a)(ii), the following classes of persons are prescribed—\n> \n> > (a) for a document endorsed within Australia—the classes of persons referred to in Schedule 1, Part 1,\n> \n> > (b) for a document endorsed within a foreign country—the classes of persons referred to in Schedule 1, Part 2.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed forms for power of attorney—the Act, s 8","content":"#### 5 Prescribed forms for power of attorney—the Act, s 8\n\n5 Prescribed forms for power of attorney—the Act, s 8\n\n> The forms set out in Schedule 2 are prescribed for the Act, section 8.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Repeal and savings","content":"#### 6 Repeal and savings\n\n6 Repeal and savings\n\n> > (1) The [Powers of Attorney Regulation 2016](/view/html/repealed/current/sl-2016-0548) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Powers of Attorney Regulation 2016](/view/html/repealed/current/sl-2016-0548), had effect under that regulation continues to have effect under this regulation.","sortOrder":5},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Persons who may endorse documents under the Act, section 44(1)(a)(ii)","content":"# Schedule 1 Persons who may endorse documents under the Act, section 44(1)(a)(ii)\n\nSchedule 1 Persons who may endorse documents under the Act, section 44(1)(a)(ii)\n\nsection 4","sortOrder":6},{"sectionNumber":"Part 1","sectionType":"part","heading":"Persons who may endorse documents within Australia","content":"# Part 1 Persons who may endorse documents within Australia\n\nPart 1 Persons who may endorse documents within Australia\n\naccountants\n\nAustralian legal practitioners\n\nbank managers\n\nchancellors, deputy chancellors or deans of faculties of universities\n\ncommissioned officers in the defence forces of the Commonwealth of Australia\n\ncommissioners for taking affidavits\n\ndentists\n\nfellows of the Institute of Legal Executives (Victoria)\n\njudges\n\njustices of the peace\n\nlicensed conveyancers\n\nmagistrates\n\nmayors or general managers of local government councils\n\nmedical practitioners\n\nmembers of parliament of the Commonwealth or of any State or Territory\n\nmembers of the police force of the Commonwealth or of any State or Territory\n\nministers of religion\n\nnotaries public\n\nofficers in charge of police stations\n\npharmacists\n\npostal managers of post offices\n\nprincipals or deputy principals of schools or colleges\n\nregistered surveyors\n\nregistrars of local courts or magistrates courts\n\nstockbrokers\n\nveterinary surgeons","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Persons who may endorse documents within a foreign country","content":"# Part 2 Persons who may endorse documents within a foreign country\n\nPart 2 Persons who may endorse documents within a foreign country\n\nAustralian Consular Officers, or British Consular Officers, within the meaning of the [Oaths Act 1900](/view/html/inforce/current/act-1900-020), section 26, exercising functions in the country where the document is executed or witnessed\n\ncommissioned officers in the defence forces of the Commonwealth of Australia\n\ncommissioners for taking affidavits\n\njudges\n\njustices of the peace\n\nlegal practitioners\n\nmagistrates\n\nmayors or general managers of local government corporations\n\nmedical practitioners\n\nnotaries public\n\nofficers in charge of police stations","sortOrder":8},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Prescribed forms for power of attorney","content":"# Schedule 2 Prescribed forms for power of attorney\n\nSchedule 2 Prescribed forms for power of attorney\n\nsection 5\n\nForm 1 General power of attorney\n\nBackground information\n\nA general power of attorney is a legal document that allows you (the principal) to nominate one or more persons (referred to as attorneys) to act on your behalf. A general power of attorney gives the attorney the authority, if you choose, to manage your legal and financial affairs, including buying and selling real estate, shares and other assets for you, operating your bank accounts, and spending money on your behalf.\n\nA general power of attorney ceases if you lose your mental capacity after its execution. If you wish the power of attorney to continue if you lose your mental capacity, use the enduring power of attorney prescribed form. An attorney under a general power of attorney cannot make decisions about your lifestyle or health. These decisions can only be made by a guardian, whether an enduring guardian appointed by you or a guardian appointed by the Civil and Administrative Tribunal or the Supreme Court.\n\nYou may set whatever conditions and limitations on your attorney that you choose. An attorney must always act in your best interest. If your attorney does not follow your directions or does not act in your best interest, you should revoke the power of attorney. You or someone on your behalf should inform the attorney of the revocation, preferably in writing. The attorney must then immediately cease to act as your attorney. If anyone else, such as a bank, has been advised about the power of attorney, that person or entity should also be informed of the revocation.\n\nThe **Important information** set out at the end of this form includes notes to assist in completing this form and more fully explains the role and responsibilities of an attorney.\n\n1 Appointment of attorney by the principal\n\n**Principal**—The person who appoints the attorney is known as the principal.\n\n**Attorney**—The person you nominate to look after your financial affairs is known as the attorney. You can appoint more than one attorney.\n\nI, \\[*insert full name and address of principal*\\], appoint \\[*insert full name and address of first appointed attorney*\\] and also appoint \\[*insert full name and address of each additional attorney*\\] to be my attorneys. \\[*If you appoint more than one attorney, please insert the full name and address of every attorney and complete the relevant section below*\\]\n\n**Only complete this section if more than one attorney is appointed.**\n\nMy attorneys are appointed: \\[*Tick one option only*\\]\n\n| □ | Jointly [Your attorneys must all act together]. I want the appointment to be terminated if one of the attorneys dies, resigns or otherwise vacates office. |\n| □ | Jointly [Your attorneys must all act together]. I do not want the appointment to be terminated if one of the attorneys dies, resigns or otherwise vacates office. |\n| □ | Jointly and severally [Your attorneys may act individually or can act together with the other attorneys if they choose]. |\n\n**If no option is selected or the option chosen is unclear or inconsistent, I intend my attorneys to act jointly and severally.**\n\nNomination of substitute attorney (optional)\n\n**If your attorney vacates office, you have the option to nominate someone else to take their place.**\n\nIf my attorney vacates office, I appoint \\[*insert full name and address of substitute attorney*\\] to be my substitute attorney. \\[*If you appoint more than one substitute attorney, please insert the full name and address of every attorney and complete the relevant section below*\\]\n\n**Only complete this section if more than one attorney is appointed.**\n\nMy attorneys are appointed: \\[*Tick one option only*\\]\n\n| □ | Jointly [Your attorneys must all act together]. |\n| □ | Jointly and severally [Your attorneys may act individually or can act together with the other attorneys if they choose]. |\n\n**If no option is selected or the option chosen is unclear or inconsistent, I intend my attorneys to act jointly and severally.**\n\n2 Powers\n\n**My attorney may exercise the authority conferred by the [Powers of Attorney Act 2003](/view/html/inforce/current/act-2003-053), Part 2 to do anything on my behalf I may lawfully authorise an attorney to do.**\n\n**Additional powers (optional)**\n\nYou may also choose to allow your attorney to use your money and assets to pay for those things listed below. \\[*Tick any one or more options that apply and cross out the rest*\\]\n\n| □ | I authorise my attorney to give reasonable gifts as provided by the Powers of Attorney Act 2003, section 11(2). |\n| □ | I authorise my attorney to confer benefits on the attorney to meet their reasonable living and medical expenses as provided by the Powers of Attorney Act 2003, section 12(2). |\n| □ | I authorise my attorney to confer benefits on the following persons [insert full name and address of each person] to meet their reasonable living and medical expenses as provided by the Powers of Attorney Act 2003, section 13(2). |\n\n3 Conditions and limitations\n\n**I place the following conditions and/or limitations on the authority of my attorney:** \\[*Insert any conditions and limitations*\\]\n\nYou can limit the attorney’s power to only carry out certain tasks. For example, you can specify that the attorney may only act to sell your house, or that the attorney can only act to deal with your shares. You can also place any conditions on how those tasks are to be carried out. For example, you can require that the attorney must submit accounts to a nominated accountant every year for audit. If you do not want to have any conditions or limitations placed on your attorney, write “NIL”.\n\n4 Commencement\n\nThis power of attorney operates: \\[*Tick one option only*\\]\n\n| □ | Immediately. |\n| □ | On and from [Date] up to and including [Date]. |\n| □ | While I am overseas. |\n| □ | Other [Insert other commencement here]. |\n\n**If no option is selected or the options chosen are unclear or inconsistent, I intend that the power of attorney will operate immediately.**\n\n5 Your signature to make the appointment\n\nSignature—  \nDate—\n\nSignature of witness—  \nFull name of witness—  \nAddress of witness—\n\n6 Attorney responsibilities\n\nYour attorney must do the following—\n\n> (a) Keep your money and property separate from the attorney’s money and property.\n\n> (b) Keep reasonable accounts and records of your money and property.\n\n> (c) Not benefit from being an attorney, unless expressly authorised by you.\n\n> (d) Always act in your best interests.\n\n> (e) Always act honestly in all matters concerning your legal and financial affairs.\n\n**Failure to do so may incur civil and/or criminal penalties.**\n\nLAND REGISTRY OFFICE USE ONLY\n\nImportant information\n\n> • A power of attorney is an important and powerful legal document. You should get legal advice before you sign it.\n\n> • It is important that you trust the person you are appointing as attorney to make financial decisions on your behalf. Your attorney must be over 18 years old and must not be bankrupt or insolvent. If your financial affairs are complicated, you should appoint an attorney who has the skills to deal with complex financial arrangements.\n\n> • A power of attorney cannot be used for health or lifestyle decisions. You should appoint an enduring guardian under the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) if you want a particular person to make these decisions. For further information, contact the Civil and Administrative Tribunal or NSW Trustee and Guardian.\n\n> • Clause 2 of the power of attorney contains powers which will permit your attorney to use your money and assets for the attorney or anyone else as provided. You should only tick a box in clause 2 if you want your attorney to have that power.\n\n> • This power of attorney is for use in New South Wales only. If you need a power of attorney for interstate or overseas, you may need to make a power of attorney under their laws. The laws of some other States and Territories in Australia may give effect to this power of attorney. However, you should not assume this will be the case. You should confirm whether the laws of the State or Territory concerned will in fact recognise this power of attorney.\n\n> • Your attorney must keep the attorney’s own money and property separate from your money and property, unless you are joint owners, or operate joint bank accounts. Your attorney should keep reasonable accounts and records about your money and property. The cost of providing and maintaining these records by the attorney may be recoverable from you.\n\n> • If your attorney is signing certain documents that affect real estate, the power of attorney must be registered at the NSW land registry, operated by NSW Land Registry Services (NSW LRS). Please contact NSW LRS on 1300 396 076 (regional) or 02 8776 3575 for more information about registering powers of attorney.\n\n> • An attorney must always act in your best interest. If your attorney does not follow your directions or does not act in your best interest, you should consider revoking the power of attorney. If you revoke the power of attorney you should notify the attorney, preferably in writing, that they are no longer your attorney. The attorney must stop acting immediately once they have knowledge of the revocation.\n\n> • This power of attorney does not automatically revoke earlier powers of attorney made by you. If you have made an earlier power of attorney that you do not want to continue, you must revoke the earlier power of attorney. It is advisable that you notify the attorney, preferably in writing, of the revocation, if you have not already done so. You should also give notice of the revocation to anyone who is aware of the earlier power of attorney, such as a bank.\n\nNotes for completion\n\nJoint attorneys\n\nIf you appoint more than one attorney, you should indicate whether the attorneys are to act jointly or jointly and severally. Attorneys who are appointed jointly are only able to act and make decisions together.\n\nAttorneys who are appointed jointly and severally (ie together or separately) are able to act and make decisions independently of each other. However, if you appoint 3 or more attorneys, you can specify that a simple majority must agree before they can act.\n\nSubstitute attorneys\n\nIf you appoint a substitute attorney, the substitute attorney will only have authority to act as your attorney if the first appointed attorney dies, resigns or otherwise vacates their position.\n\nYou can specify for whom the substitute is to act (eg if you appoint A and B as attorneys and X and Y as substitutes, you can specify that X takes A’s place if A vacates office).\n\nAttorney vacates office\n\nThe [Powers of Attorney Act 2003](/view/html/inforce/current/act-2003-053), section 5 states that there is a vacancy in the office of attorney if the attorney dies, resigns, becomes bankrupt, loses mental capacity or the authority to act is revoked.\n\nIf you have appointed a substitute attorney, it may be helpful that some sort of documentation evidencing the vacation of the original attorney is attached to this power of attorney when that vacancy happens. This will assist to satisfy a third party that the substitute attorney is entitled to act for you.\n\nFurther information\n\nFor information on powers of attorney, the attorney’s duties and registration, contact the Office of the Registrar General, the NSW Trustee and Guardian, a solicitor or a trustee company.\n\nThe NSW Trustee and Guardian website (www.tag.nsw.gov.au) provides up-to-date information and resources about powers of attorney, enduring guardianship, wills and advanced care planning.\n\nForm 2 Enduring power of attorney\n\nBackground information\n\nAn enduring power of attorney is a legal document that allows you (the principal) to nominate one or more persons (referred to as attorneys) to act on your behalf. An enduring power of attorney gives the attorney the authority to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts and spending money on your behalf.\n\nThe attorney’s power continues even if for any reason you lose your mental capacity to manage your own affairs. Once you lose your mental capacity you cannot revoke this power of attorney. If you want the power of attorney to cease if you lose your mental capacity, use the general power of attorney form. An attorney under an enduring power of attorney cannot make decisions about your lifestyle or health. These decisions can only be made by a guardian (whether an enduring guardian appointed by you or a guardian appointed by the Civil and Administrative Tribunal or the Supreme Court).\n\nThe prescribed witness certificate in clause 6 of this form must be completed. Before acting as your attorney, the attorney, including any substitute attorney, must sign the acceptance in clause 7 of this form.\n\nPlease read the **Important information** set out at the end of this document. It includes notes to assist in completing this document and more fully explains the role and responsibilities of an attorney.\n\n1 Appointment of attorney by the principal\n\n**Principal**—The person who appoints the attorney is known as the principal.\n\n**Attorney**—The person you nominate to look after your financial affairs is known as the attorney. You can appoint more than one attorney.\n\nI, \\[*insert full name and address of principal*\\], appoint \\[*insert full name and address of first appointed attorney*\\] and also appoint \\[*insert full name and address of each additional attorney*\\] to be my attorneys. \\[*If you appoint more than one attorney, please insert the full name and address of every attorney and complete the relevant section below*\\]\n\n**Only complete this section if more than one attorney is appointed.**\n\nMy attorneys are appointed: \\[*Tick one option only*\\]\n\n| □ | Jointly [Your attorneys must all act together]. I want the appointment to be terminated if one of the attorneys dies, resigns or otherwise vacates office. |\n| □ | Jointly [Your attorneys must all act together]. I do not want the appointment to be terminated if one of the attorneys dies, resigns or otherwise vacates office. |\n| □ | Jointly and severally [Your attorneys may act individually or can act together with the other attorneys if they choose]. |\n\n**If no option is selected or the option chosen is unclear or inconsistent, I intend my attorneys to act jointly and severally.**\n\nNomination of substitute attorney (optional)\n\n**If your attorney vacates office, you have the option to nominate someone else to take their place.**\n\nIf my attorney vacates office, I appoint \\[*insert full name and address of substitute attorney*\\] to be my substitute attorney. \\[*If you appoint more than one substitute attorney, please insert the full name and address of every attorney and complete the relevant section below*\\]\n\n**Only complete this section if more than one attorney is appointed.**\n\nMy attorneys are appointed: \\[*Tick one option only*\\]\n\n| □ | Jointly [Your attorneys must all act together]. |\n| □ | Jointly and severally [Your attorneys may act individually or can act together with the other attorneys if they choose]. |\n\n**If no option is selected or the option chosen is unclear or inconsistent, I intend my attorneys to act jointly and severally.**\n\n2 Powers\n\n**My attorney may exercise the authority conferred by the [Powers of Attorney Act 2003](/view/html/inforce/current/act-2003-053), Part 2 to do anything on my behalf I may lawfully authorise an attorney to do.**\n\n**I give this power of attorney with the intention that it will continue to be effective if I lack capacity through loss of mental capacity after its execution.**\n\n**Additional powers (optional)**\n\nYou may also choose to allow your attorney to use your money and assets to pay for those things listed below. \\[*Tick any one or more options that apply and cross out the rest*\\]\n\n| □ | I authorise my attorney to give reasonable gifts as provided by the Powers of Attorney Act 2003, section 11(2). |\n| □ | I authorise my attorney to confer benefits on the attorney to meet their reasonable living and medical expenses as provided by the Powers of Attorney Act 2003, section 12(2). |\n| □ | I authorise my attorney to confer benefits on the following persons [insert full name and address of each person] to meet their reasonable living and medical expenses as provided by of the Powers of Attorney Act 2003, section 13(2). |\n\n3 Conditions and limitations\n\n**I place the following conditions and/or limitations on the authority of my attorney:** \\[*Insert any conditions and limitations*\\]\n\nYou can limit the attorney’s power to only carry out certain tasks. For example, you can specify that the attorney may only act to sell your house, or that the attorney can only act to deal with your shares. You can also place any conditions on how those tasks are to be carried out. For example, you can require that the attorney must submit accounts to a nominated accountant every year for audit. If you do not want to have any conditions or limitations placed on your attorney, write “NIL”.\n\n4 Commencement\n\nThis power of attorney operates: \\[*Tick one option only*\\]\n\n| □ | Once my attorney has accepted their appointment by signing this document. |\n| □ | Once a medical practitioner considers that I am unable to manage my affairs (and provides a document to that effect). |\n| □ | Once my attorney considers that I need assistance managing my affairs. |\n| □ | Other [Insert other commencement here]. |\n\n**If no option is selected or the options chosen are unclear or inconsistent, I intend that the power of attorney will operate once my attorney has accepted their appointment by signing this document.**\n\n5 Your signature to make the appointment\n\nSignature—  \nDate—\n\nSignature of prescribed witness—  \nFull name of prescribed witness—  \nAddress of prescribed witness—\n\n6 Certificate under the [Powers of Attorney Act 2003](/view/html/inforce/current/act-2003-053), section 19\n\nI \\[*insert full name and address of prescribed witness*\\] certify the following—\n\n> (a) I explained the effect of this power of attorney to the principal before it was signed.\n\n> (b) The principal appeared to understand the effect of this power of attorney.\n\n> (c) I am a prescribed witness.\n\n> (d) I am not an attorney under this power of attorney.\n\n> (e) I have witnessed the signature of this power of attorney by the principal.\n\nSignature—  \nDate—\n\n\\[*Tick the appropriate category*\\]\n\n| □ | Australian legal practitioner |\n| □ | Registrar of the Local Court |\n| □ | Licensed Conveyancer who has successfully completed a course of study approved by the Minister |\n| □ | NSW Trustee and Guardian employee who has successfully completed a course of study approved by the Minister |\n| □ | A trustee company employee who has successfully completed a course of study approved by the Minister |\n| □ | Legal Practitioner qualified in a country other than Australia who is instructed and employed independently of any legal practitioner appointed as an attorney under this power of attorney |\n\n7 Acceptance by attorney\n\n> (a) I accept that I must always act in the principal’s best interests.\n\n> (b) I accept that as attorney I must keep my own money and property separate from the principal’s money and property.\n\n> (c) I accept that I should keep reasonable accounts and records of the principal’s money and property.\n\n> (d) I accept that, unless expressly authorised, I cannot gain a benefit from being an attorney.\n\n> (e) I accept that I must act honestly in all matters concerning the principal’s legal and financial affairs.\n\n**Failure to do any of the above may incur civil and/or criminal penalties.**\n\nSignature—  \nName—  \nDate—\n\nand\n\nSignature—  \nName—  \nDate—\n\nLAND REGISTRY OFFICE USE ONLY\n\nImportant information\n\n> • A power of attorney is an important and powerful legal document. You should get legal advice before you sign it.\n\n> • It is important that you trust the person you are appointing as attorney to make financial decisions on your behalf. Your attorney must be over 18 years old and must not be bankrupt or insolvent. If your financial affairs are complicated, you should appoint an attorney who has the skills to deal with complex financial arrangements.\n\n> • A power of attorney cannot be used for health or lifestyle decisions. You should appoint an enduring guardian under the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) if you want a particular person to make these decisions. For further information, contact the Civil and Administrative Tribunal or NSW Trustee and Guardian.\n\n> • Clause 2 of the power of attorney contains powers which will permit your attorney to use your money and assets for the attorney or anyone else as provided. You should only tick a box in clause 2 if you want your attorney to have that power.\n\n> • This power of attorney is for use in New South Wales only. If you need a power of attorney for interstate or overseas, you may need to make a power of attorney under their laws. The laws of some other States and Territories in Australia may give effect to this power of attorney. However, you should not assume this will be the case. You should confirm whether the laws of the State or Territory concerned will in fact recognise this power of attorney.\n\n> • Your attorney must keep the attorney’s own money and property separate from your money and property, unless you are joint owners, or operate joint bank accounts. Your attorney should keep reasonable accounts and records about your money and property. The cost of providing and maintaining these records by the attorney may be recoverable from you.\n\n> • If your attorney is signing certain documents that affect real estate, the power of attorney must be registered at the NSW land registry, operated by NSW Land Registry Services (NSW LRS). Please contact NSW LRS on 1300 396 076 (regional) or 02 8776 3575 for more information about registering powers of attorney.\n\n> • An attorney must always act in your best interest. If your attorney does not follow your directions or does not act in your best interest, you should consider revoking the power of attorney. You will only be able to do so while you retain your mental capacity. If you revoke the power of attorney you should notify the attorney, preferably in writing, that they are no longer your attorney. The attorney must stop acting immediately once they have knowledge of the revocation.\n\n> • This power of attorney does not automatically revoke earlier powers of attorney made by you. If you have made an earlier power of attorney that you do not want to continue, you must revoke the earlier power of attorney. It is advisable that you notify the attorney, preferably in writing, of the revocation, if you have not already done so. You should also give notice of the revocation to anyone who is aware of the earlier power of attorney, such as a bank.\n\nNotes for completion\n\nJoint attorneys\n\nIf you appoint more than one attorney, you should indicate whether the attorneys are to act jointly or jointly and severally. Attorneys who are appointed jointly are only able to act and make decisions together.\n\nAttorneys who are appointed jointly and severally (ie together or separately) are able to act and make decisions independently of each other. However, if you appoint 3 or more attorneys, you can specify that a simple majority must agree before they can act.\n\nSubstitute attorneys\n\nIf you appoint a substitute attorney, the substitute attorney will only have authority to act as your attorney if the first appointed attorney dies, resigns or vacates their position.\n\nYou can specify for whom the substitute is to act (eg if you appoint A and B as attorneys and X and Y as substitutes, you can specify that X takes A’s place if A vacates office).\n\nAttorney vacates office\n\nThe [Powers of Attorney Act 2003](/view/html/inforce/current/act-2003-053), section 5 states that there is a vacancy in the office of attorney if the attorney dies, resigns, becomes bankrupt, loses mental capacity or the authority to act is revoked.\n\nIf you have appointed a substitute attorney, it may be helpful that some sort of documentation evidencing the vacation of the original attorney is attached to this power of attorney when that vacancy happens. This will assist to satisfy a third party that the substitute attorney is entitled to act for you.\n\nFurther information\n\nFor information on powers of attorney, the attorney’s duties and registration, contact the Office of the Registrar General, the NSW Trustee and Guardian, a solicitor or a trustee company.\n\nThe NSW Trustee and Guardian website (www.tag.nsw.gov.au) provides up-to-date information and resources about powers of attorney, enduring guardianship, wills and advanced care planning.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard remaking of subordinate legislation to prevent automatic repeal under the Subordinate Legislation Act 1989. The regulation maintains the same scope as its 2016 predecessor—prescribing forms for powers of attorney and specifying who may certify copies. There is no expansion beyond the original purpose of supporting the Powers of Attorney Act 2003."},"complexity_factors":["Straightforward structure with only 6 operative sections plus 2 schedules","No nested conditional logic or exceptions to exceptions","Minimal cross-referencing (only references to the parent Act and Interpretation Act)","Only 1 defined term ('the Act') in the body of the regulation","Schedules consist primarily of plain English lists and form templates rather than technical legal provisions","Forms contain explanatory notes and completion instructions, reducing ambiguity"],"plain_english_summary":"This regulation sets out the practical rules for making and using powers of attorney in New South Wales. A power of attorney is a legal document where you (the 'principal') appoint someone else (the 'attorney') to manage your financial and legal affairs.\n\n**What this regulation does:**\n\n*   **Prescribes official forms**: It provides the standard forms that must be used for creating two types of powers of attorney:\n    *   **General power of attorney**: Only works while you have mental capacity (it stops if you lose capacity).\n    *   **Enduring power of attorney**: Continues to work even if you later lose mental capacity.\n\n*   **Sets out who can certify copies**: It lists exactly who is allowed to certify that a copy of a power of attorney is a true copy. This includes different lists for documents signed in Australia (Part 1) versus overseas (Part 2). In Australia, this includes lawyers, doctors, police officers, bank managers, and many others. Overseas, it includes Australian consular officers, judges, and notaries public.\n\n*   **Repeals the old rules**: It replaces the 2016 regulation but ensures anything valid under the old rules remains valid under the new ones.\n\n**Who it affects:**\n\n*   Anyone in NSW wanting to appoint someone to manage their finances\n*   The people being appointed as attorneys\n*   Banks, lawyers, and others who need to verify these documents\n\n**Why it matters:**\n\nWithout these prescribed forms, a power of attorney might not be legally valid. The certification rules ensure that copies of these important documents can be properly verified by third parties like banks or land registries."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence of scope change from original intent. This appears to be a standard remake or update of supporting regulations for the Powers of Attorney Act, consistent with NSW's routine subordinate legislation review cycle. The automatic repeal date of 2029 is consistent with the standard 5-year review period under the Subordinate Legislation Act 1989."},"complexity_factors":["Only metadata and navigation content was provided — the substantive provisions of the regulation were not included, making meaningful complexity assessment impossible","Regulations of this type typically involve prescribed forms and procedural rules, which are generally straightforward in isolation","Cross-references to the parent Powers of Attorney Act add a layer of complexity for users needing to understand the full legal framework","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a time-limited dimension to consider"],"plain_english_summary":"This NSW regulation supports the Powers of Attorney Act by prescribing the detailed rules that govern how attorneys are appointed and act for principals. It is a subordinate instrument that came into force on 23 August 2024.\n\nIt affects anyone who creates, witnesses, uses, or acts under a power of attorney — including elderly people, family, lawyers, financial institutions and care providers — and matters because it sets forms, witness and procedural safeguards. It is scheduled to sunset on 1 September 2029."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation repeals the Powers of Attorney Regulation 2016 and replaces it (clause 6) but maintains the same substantive regulatory scope under the Powers of Attorney Act 2003. It update s procedural and form requirements (clause 4; clause 5; Schedule 2) and preserves prior acts' effect (clause 6(2)), rather than expanding the Act's substantive powers or adding new categories of authority."},"complexity_factors":["Repeal and savings transition preserving existing legal effects while replacing the 2016 regulation (clause 6) increases drafting/administration complexity.","Different lists of authorised endorsers for Australian vs foreign execution (clause 4; Schedule 1, Parts 1–2).","Prescribed standard forms (Schedule 2) include optional clauses (gifts, benefits), multiple commencement options, joint/joint-and-severally choices and substitute attorneys, creating choice and potential ambiguity in execution.","Detailed witness and certificate requirements for enduring powers (Schedule 2, Form 2, clause 6) impose compliance obligations on prescribed witnesses.","Cross-references to the Powers of Attorney Act 2003 and other Acts (Interpretation Act 1987, Oaths Act 1900, Guardianship Act 1987) require users to consult multiple instruments.","Operational interactions with third parties (banks, NSW Land Registry Services) and registration requirements increase practical compliance burden and verification costs."],"plain_english_summary":"This regulation replaces the 2016 Powers of Attorney Regulation and sets the formal rules needed for powers of attorney to be valid in NSW. It prescribes who may certify or endorse documents (domestic and foreign) and supplies the standard forms and witness/certification wording for general and enduring powers of attorney.\n\nIt matters to principals, appointed attorneys, witnesses, banks, land registries and other third parties because it fixes registration, witnessing and evidentiary requirements and the optional powers an attorney may exercise."}},"importantCases":[],"_links":{"self":"/api/acts/powers-of-attorney-regulation-2024","history":"/api/acts/powers-of-attorney-regulation-2024/history","analysis":"/api/acts/powers-of-attorney-regulation-2024/analysis","conflicts":"/api/acts/powers-of-attorney-regulation-2024/conflicts","importantCases":"/api/acts/powers-of-attorney-regulation-2024/important-cases","documents":"/api/acts/powers-of-attorney-regulation-2024/documents"}}