Wills & Probate
Powers of Attorney
An enduring power of attorney is one of the most important documents you can have. We prepare general and enduring powers of attorney for clients throughout Lake Macquarie and Newcastle — at a fixed fee, with home visits available.
Power of Attorney Solicitors — Lake Macquarie & Newcastle
A power of attorney authorises a person you trust — your attorney — to manage your financial and legal affairs on your behalf. An enduring power of attorney goes further: it continues to operate even if you lose mental capacity, making it an essential part of any estate plan.
At Lake Macquarie City Legal, we prepare powers of attorney for clients throughout Lake Macquarie, Belmont, Newcastle, and the Hunter region. We take the time to explain your options, advise on who to appoint, and ensure your document is correctly prepared and executed. We offer fixed fees and home visits for clients who are unable to attend our office.
You must have capacity to make a power of attorney
A power of attorney can only be made while you have legal capacity. If you or a family member is unwell or ageing, do not delay — once capacity is lost, it is too late to make an enduring power of attorney and a Tribunal application will be required instead.
Our Power of Attorney Services
General Power of Attorney
A general power of attorney authorises a person (your attorney) to manage your financial and legal affairs. It operates while you have capacity and is commonly used when you are travelling, ill, or otherwise unavailable.
Enduring Power of Attorney
An enduring power of attorney continues to operate if you lose capacity — making it the most important document in any estate plan. We prepare enduring powers of attorney under the Powers of Attorney Act 2003 (NSW).
Appointment of Multiple Attorneys
We advise on appointing multiple attorneys — whether jointly (all must agree) or severally (each can act alone) — and the advantages and risks of each arrangement.
Limitations & Conditions
We advise on including limitations and conditions in your power of attorney — such as restricting your attorney's authority to specific transactions or requiring them to keep accounts.
Reviewing Existing Documents
We review existing powers of attorney — including those prepared by other solicitors or using standard forms — and advise on whether they are valid, appropriate, and sufficient for your needs.
Revocation of Power of Attorney
We advise on revoking an existing power of attorney — including the steps required to notify your attorney and any third parties, and the circumstances in which revocation is not possible.
Attorney Disputes & Abuse
We advise on disputes involving attorneys — including suspected financial abuse, breach of fiduciary duty, and applications to the NSW Civil and Administrative Tribunal (NCAT) to review an attorney's conduct.
Combined Estate Planning Package
We offer a combined estate planning package — will, enduring power of attorney, and appointment of enduring guardian — at a fixed fee. Ask us about our package pricing.
General vs Enduring Power of Attorney
Your Attorney's Duties
An attorney is a fiduciary — they owe you significant legal duties. Understanding these duties helps you choose the right person and protect yourself against abuse:
Act in your best interests
Your attorney must act in your best interests at all times — not their own. They must avoid conflicts of interest and must not benefit from their position unless the document expressly permits it.
Keep accounts
Your attorney must keep accurate records of all transactions they carry out on your behalf. They must be able to account for all money and property they manage.
Keep assets separate
Your attorney must keep your assets separate from their own — they must not mix your money with theirs.
Act within the scope of the document
Your attorney can only do what the power of attorney authorises. They cannot make gifts, change your will, or benefit themselves unless the document expressly permits it.
Act honestly and in good faith
Your attorney must act honestly and in good faith. If they suspect they are being asked to do something improper, they must refuse.
How We Work
Free Consultation
We discuss your circumstances and advise on the type of power of attorney that best suits your needs — including whether a general or enduring power of attorney is appropriate, and who to appoint as your attorney.
Document Preparation
We prepare your power of attorney — including any limitations, conditions, or specific authorities you wish to include. We explain each provision in plain language.
Signing & Witnessing
A power of attorney must be signed in the presence of a prescribed witness — such as a solicitor, barrister, or justice of the peace. We witness your power of attorney and ensure it is executed correctly.
Registration (if required)
If your attorney will be dealing with real estate on your behalf, the power of attorney must be registered with NSW Land Registry Services. We manage the registration process.
Frequently Asked Questions
What is the difference between a general and an enduring power of attorney?
A general power of attorney operates only while you have legal capacity — it automatically ends if you lose capacity. An enduring power of attorney continues to operate even if you lose capacity, which is why it is the more important document for estate planning purposes. We recommend an enduring power of attorney for most clients.
Who should I appoint as my attorney?
Your attorney will have significant power over your financial and legal affairs — so you should choose someone you trust completely. They should be capable of managing financial matters, available when needed, and willing to act in your best interests. Many people appoint a spouse, adult child, or close friend. You can also appoint a professional trustee company as your attorney.
Can my attorney do anything they want with my money?
No. Your attorney is a fiduciary — they must act in your best interests, keep accurate accounts, keep your assets separate from their own, and act within the scope of the document. They cannot make gifts, change your will, or benefit themselves unless the power of attorney expressly permits it. Breach of these duties can result in personal liability and criminal prosecution.
What happens if I don't have a power of attorney and I lose capacity?
If you lose capacity without an enduring power of attorney, no one has automatic authority to manage your financial affairs. A family member or other person would need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial management order — a costly and time-consuming process. An enduring power of attorney avoids this.
Can I revoke my power of attorney?
Yes — provided you still have legal capacity. To revoke a power of attorney, you must sign a deed of revocation and notify your attorney and any third parties who have been relying on the document. If the power of attorney has been registered, the revocation must also be registered. Once you lose capacity, you cannot revoke an enduring power of attorney.
Does my power of attorney need to be registered?
Registration is not required for all powers of attorney — but it is required if your attorney will be dealing with real estate on your behalf (for example, signing a contract for sale or mortgage). We advise on whether registration is required for your circumstances and manage the registration process if needed.
Fixed-Fee Powers of Attorney
Plain language. Fixed fee. Home visits available. Don't wait until it's too late.
02 4945 4445Book AppointmentPOA Services
General power of attorney
Enduring power of attorney
Multiple attorney appointments
Limitations & conditions
Attorney disputes & abuse
Revocation of existing POA
Don't wait until it's too late
An enduring power of attorney can only be made while you have capacity. Fixed fee. Home visits available throughout Lake Macquarie and Newcastle. Free first consultation.