NSW Executing Enduring Power of Attorney and Enduring Guardian

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flywire

Active Member
28 April 2021
8
0
31
Can someone confirm these documents can be made and accepted perhaps years later by the other parties? Proposing:

1. An Enduring Power of Attorney executed by me and appropriately witnessed then any of the attorneys may sign and accept at later dates without a witness
2. An Enduring Guardianship executed by me and appropriately witnessed then any of the enduring guardians may sign and accept at later dates with an appropriate witness
3. If multiple people are nominated it applies to those that have accepted (no value if must act jointly)
4. Only one appropriate witness is required at the time the documents are signed and different ones can be used each time
 
Last edited:

flywire

Active Member
28 April 2021
8
0
31
Yes, the above is correct.

A Power of Attorney acceptance is not witnessed so can be accepted at any time before it is used without affecting other attorneys (provided not required to act jointly). Multiple Enduring Guardian’s acceptance can be covered by a single witness certificate and there may be multiple witness certificates that may be from different witnesses (eg https://www.tag.nsw.gov.au/sites/de...tment_of_Enduring_Guardian_Digital_Form_0.pdf).