SPEAK WITH AN ESTATE PLANNING LAWYER IN SHELLHARBOUR

An Enduring Power of Attorney is a legal arrangement that lets you appoint someone you trust to handle your financial and legal matters if you're no longer able to make decisions yourself. This could be your partner, a close relative, a long-time friend, or a trusted professional.

This document gives your appointed attorney the authority to carry out tasks such as managing bank accounts, paying bills, dealing with property, and overseeing investments. They are required to act with care and in your best interests.

It’s important to note that this is not the same as a Will. A Will comes into effect after your death, while an Enduring Power of Attorney applies while you’re still alive but unable to manage your affairs due to illness or injury.

At Kells, we help you appoint the right person and make sure the process is legally secure. Speak with us about how this document can protect your financial position and give you added confidence in planning for the future.

At Kells, we recommend that every adult, regardless of age or stage of life, puts one in place.

Unexpected events, like serious accidents, strokes, or a medical diagnosis such as dementia, can leave you unable to manage your own affairs. Once capacity is lost, it’s too late to act.

This document gives you the opportunity to decide who should step in if you're unable to manage your financial matters. Making this decision early can prevent unnecessary delays and reduce pressure on your family during already difficult circumstances.

An Enduring Power of Attorney is essential in the event of severe incapacity:

• Crippling accident
• Stroke
• Dementia / Alzheimer’s diagnoses.

Remember that the unforeseen can strike without warning. Once you lose capacity, it is too late to make these arrangements. Protect your future by appointing an Enduring Power of Attorney today.

Yes. A Power of Attorney can also be used if you’re travelling or living outside Australia and need someone to handle your affairs while you’re away. Whether it’s managing property, signing contracts, or looking after financial matters, this document gives someone the legal authority to act on your behalf during your absence.

Kells can prepare the right documentation to match your needs, so everything continues to run smoothly while you're out of the country.

If you lose capacity and haven’t appointed anyone, your loved ones will need to apply to the NSW Civil and Administrative Tribunal (NCAT) for permission to act on your behalf. This process can be slow and stressful, particularly at a time when clear decisions need to be made.

In situations where no appropriate family member is available, a government body such as NSW Trustee and Guardian may be appointed to manage your affairs. This can involve extra costs and may result in decisions that don’t reflect your values or intentions.