Power of Attorney

In New South Wales, a Power of Attorney allows someone you trust to make decisions for you if you're unable to do so yourself.

NSW uses two separate documents:
• Enduring Power of Attorney – for financial and legal decisions, and
• Appointment of Enduring Guardian – for personal, lifestyle, and medical decisions.

Together, they ensure all aspects of your affairs are covered if you lose capacity.

Yes. Will Hero creates legally valid NSW Power of Attorney documents that comply with the Powers of Attorney Act 2003 (NSW) and Guardianship Act 1987 (NSW).

This includes both:
• an Enduring Power of Attorney (financial and legal matters), and
• an Appointment of Enduring Guardian (lifestyle and medical matters).

Each document is generated according to NSW law and includes signing and witnessing instructions.

• Enduring Power of Attorney (EPOA): Allows your Attorney to handle financial and legal decisions such as managing property, bank accounts, or investments.
• Appointment of Enduring Guardian (AEG): Allows your Guardian to make personal, lifestyle, and health-care decisions such as where you live, who provides your care, and what medical treatment you receive.

Will Hero automatically prepares both documents so you're fully protected.

• A General Power of Attorney is only valid while you still have mental capacity. It automatically ends if you lose capacity.
• An Enduring Power of Attorney, however, continues ("endures") even if you lose capacity in the future.

Will Hero only provides Enduring Powers of Attorney, because they offer long-term protection and are the standard document used for estate planning.

Your NSW Power of Attorney and Appointment of Enduring Guardian forms are included free when you create your Will with Will Hero (only $99 AUD total). There are no extra fees to add these documents — they're part of your complete estate planning package.

To be legally valid in NSW, your Power of Attorney and Appointment of Enduring Guardian documents must be:
• signed by you (the Principal) in the presence of the witness, and
• witnessed by an authorised Prescribed Witness such as a Registrar of the Local Court, an Australian Legal Practitioner, or an approved employee of the NSW Trustee & Guardian.

Will Hero provides clear signing instructions and templates to guide you step-by-step, including how to locate a local Court Registrar if you don't wish to use a lawyer. Note that some witnesses may charge fees for their services.

Absolutely not. These documents are completely optional, but also recommended as part of comprehensive estate planning.

Without one, no one can automatically access your accounts or manage your affairs if you lose capacity — even your spouse or next of kin. Family members would need to apply to NCAT (NSW Civil and Administrative Tribunal) for guardianship or administration orders, which can be time-consuming and expensive.

They ensure your financial, legal, and personal affairs continue smoothly if you're ever incapacitated.

Having both an Enduring Power of Attorney and an Appointment of Enduring Guardian means your loved ones can act on your behalf without needing to go through expensive court processes.

Any adult you trust who has capacity. They must not be bankrupt or a paid carer.

Yes. You can appoint them to act jointly, jointly & severally, or separately.

Simply log in to Will Hero and choose "POA" in the top navigation. These documents become available after you purchase your Will and can be completed alongside it in your dashboard.

Yes. Will Hero's AI Assistant can guide you through your Power of Attorney and Appointment of Enduring Guardian forms — explaining terminology, helping you decide which powers to grant, and walking you through the signing process.

After reviewing your document, just Submit POA for Review. After our team reviews it, we will send you the documents along with signing instructions to make it legally valid.

You can choose when your Power of Attorney takes effect:
• Immediate: Takes effect as soon as it's signed and witnessed
• Springing: Only takes effect after a doctor confirms you've lost capacity to make decisions

Will Hero allows you to specify your preference when creating your documents, ensuring your wishes are clearly documented.

Yes. You can cancel (or revoke) your Power of Attorney at any time while you still have mental capacity.

To do so, you simply complete a Revocation of Power of Attorney form and notify your Attorney(s) in writing. Once notified, they no longer have the authority to act on your behalf.

If your Power of Attorney has been registered with NSW Land Registry Services (for property matters), you'll also need to register the revocation.