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.

Authorities

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..

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