What is the difference between a Power of Attorney and an Enduring Power of Attorney?

Apr 10, 2023 | Publication

The main difference between a Power of Attorney and an Enduring Power of Attorney is that an Enduring Power of Attorney generally survives the loss of capacity of the principal, whereas a Power of Attorney may cease to have effect when and if the principal loses capacity to make decisions.

The limits and scope of an Enduring Power of Attorney and a Power of Attorney can be defined within the document.

The NSW Civil and Administrative Tribunal (NCAT) has various powers in relation to Enduring Powers of Attorney and Powers of Attorney.  For instance, NCAT can revoke an Enduring Power of Attorney or Power of Attorney in some circumstances.

There are many advantages to having an Enduring Power of Attorney or Power of Attorney in place.  To consider your position and to obtain advice please feel free to contact us on (02) 9633 1826 or email reception@mcauleylawyers.com.au.

Latest Insights

McAuley Lawyers Welcomes Roland Barros

McAuley Lawyers is pleased to announce that Roland Barros has joined the firm as a solicitor, bringing with him decades of legal experience and a strong reputation for providing practical and reliable legal advice. Admitted as a solicitor in 1978, Roland brings more...

Application for consent to vasectomy

A Western Australian Tribunal considered an application by the parents of a 23-year-old man, referred to as JC. They were seeking approval for a vasectomy under the Guardianship and Administration Act 1990 (WA). JC has a rare genetic condition that causes an...

NSW Government Strengthens Laws to Combat Crime and Corruption

The New South Wales Government has introduced a bill designed to strengthen the legal framework for investigating serious crime and corruption. The reforms aim to equip investigative agencies with more effective tools while carefully balancing privacy protections....