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.

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