--- title: "Enduring power of attorney (NSW prescribed form): execution guide and plain-language guidance note for attorneys" url: "https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/enduring-power-of-attorney" type: "precedent" site: "AI Law Framework" id: "a18-enduring-power-of-attorney" area_id: "A18" kind: "form" ai_level: "yellow" version: 1 law_stated_as_at: "2026-10-17" --- # 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… Canonical page: https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/enduring-power-of-attorney Law stated as at: 2026-10-17 Site index for agents: https://ailawframework.com/llms.txt 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. ## Key facts - Kind: Form. A form to complete, or a guide to completing an official one. - Practice area: [Elder Law & Powers of Attorney / Guardianship](https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship.md) - Jurisdictions: New South Wales, Victoria, Queensland, New Zealand, United Kingdom (England and Wales) - AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use. - Law stated as at: 2026-10-17 - Status: Maintained. Checked on 2026-10-17 against the official form at nsw.gov.au and the 9 authorities it cites, for 5 jurisdictions. ## 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 ## Authorities - [Powers of Attorney Act 2003 (NSW) s 19 (creation of enduring power of attorney; prescribed witness; witness certificate)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2003-053) - [Powers of Attorney Act 2003 (NSW) s 20 (no authority until the attorney accepts by signing)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2003-053) - [Powers of Attorney Act 2003 (NSW) ss 11–13 (gifts and benefits only if expressly authorised)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2003-053) - [Powers of Attorney Act 2003 (NSW) ss 25, 36, 50, 52 (interstate recognition; review by interested persons; suspension during financial management; registration for dealings with land)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2003-053) - [Electronic Transactions Act 2000 (NSW) ss 14F, 14G (witnessing by audio visual link includes enduring powers of attorney)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2000-008) - [Powers of Attorney Act 2014 (Vic) s 35 (who can witness an enduring power of attorney)](https://www.legislation.vic.gov.au/in-force/acts/powers-attorney-act-2014) - [Powers of Attorney Act 1998 (Qld) ss 31, 44 (eligible witness; formal requirements)](https://www.legislation.qld.gov.au/view/html/inforce/current/act-1998-022) - [Protection of Personal and Property Rights Act 1988 (NZ) Pt 9 (enduring powers of attorney)](https://www.legislation.govt.nz/act/public/1988/4/en/latest/) - [Mental Capacity Act 2005 (UK) s 9 (lasting powers of attorney)](https://www.legislation.gov.uk/ukpga/2005/9/section/9) ## Official form [Official form](https://www.nsw.gov.au/family-and-relationships/planning-for-end-of-life/make-power-of-attorney) ## 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. ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/elder-law-and-powers-of-attorney-guardianship/enduring-power-of-attorney and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*