Form · Elder Law & Powers of Attorney / Guardianship
Enduring power of attorney (NSW prescribed form): execution guide and plain-language guidance note for attorneys
Execution guide for a NSW enduring power of attorney (prescribed witness, witness certificate, attorney acceptance, gifts and benefits, land registration, audio visual witnessing) and an original plain-language guidance note to give attorneys.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- New South Wales, Victoria, Queensland, New Zealand, United Kingdom (England and Wales)
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Link to the official form. Licence: Official NSW Government guidance (nsw.gov.au content is CC BY 4.0); the prescribed form itself is linked, not reproduced: use the current prescribed version.
Where this comes from
The official form is published by nsw.gov.au; this page is a completion guide. Last checked on 2026-10-17.
When to use it
Use when a NSW principal with capacity wants an attorney for financial and legal decisions that continues after loss of capacity. It does not cover personal or health decisions (use an enduring guardian appointment). Use the other state's form and rules if the principal lives elsewhere.
How AI may be used
AI may draft a plain-language guidance note and a checklist of decisions to confirm, under close supervision. The instrument must be the current prescribed form for the state, completed from the principal's instructions, explained and witnessed by an eligible witness.
AI may
- Draft a checklist of decisions still to confirm (start date, multiple attorneys, gifts and benefits, conditions) from the instructions note
- Produce a plain-language explanation of the signed instrument for the principal and attorney, for the lawyer to check
AI must not
- Must not alter the wording of the prescribed form
- Must not assess the principal's capacity or whether they understand the effect of the instrument
- Must not be used to confirm the principal's identity or instructions remotely
The lawyer checks
- Current prescribed form for the state on the day of signing
- Prescribed witness explains the effect and is satisfied the principal appears to understand it
- Gifts and benefits authority matches instructions; land registration if needed
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Official NSW Government guidance (nsw.gov.au content is CC BY 4.0); the prescribed form itself is linked, not reproduced: use the current prescribed version..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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