Guidance Notes for drafting an Enduring Power of Attorney (EPA) in New South Wales
An EPA allows an individual (the principal) to appoint one or more persons (the attorney(s)) to manage their financial and legal affairs if they become incapacitated.

Eligibility to Act as an Attorney
Ensure the appointed attorney is over 18 years old and has the capacity to make decisions. Avoid appointingsomeone who may have a conflict of interest or may not act in the principal’s best interests.

Outline Powers Granted
It is not necessary to specify the powers being granted to the attorney, such as managing bank accounts,property, and legal affairs. This can be kept general unless the client instructs otherwise. Include anylimitations or specific instructions, if necessary.

Conditions and Limitations
If the powers are conditional (e.g., only effective upon incapacity), clearly state these conditions. BEWARE if  you decide to say ‘upon incapacity’ – who gets to decide incapacity? Is it a legal test or a medical test? Such a condition appears to be straightforward on the surface but creates myriad uncertainty. A preferred approach
would be to simply have the EPA This removes thenecessity for the attorney having to prove incapacity before they can legitimately use the document. In NSWmatters not related to finance and property, such as health care decisions, are not covered.

Execution Requirements
Ensure the document is signed by the principal in the presence of an eligible witness (e.g., a legal practitioner,a registered medical practitioner, or a police officer). The certificate from a socommence when the attorney accepts their appointment. licitor confirming the witnessunderstands the nature and effect of the document is essential to make this Power of Attorney ‘Enduring’.Notification of Attorneys
Advise the principal to notify the appointed attorney(s) of their appointment. Suggest providing theattorney(s) with a copy of the EPA, although this can be withheld until the attorneys have cause to use them.