The prescribed forms for creating both a general and an enduring power of attorney in New South Wales have been slightly amended.
The Powers of Attorney Regulation 2024 commenced when it was published on 23 August 2024.
The regulation repeals and remakes, with minor amendments, the Powers of Attorney Regulation 2016, which would otherwise be automatically repealed on 1 September 2024 by virtue of s 10(2) of the Subordinate Legislation Act 1989.
The 2024 regulation prescribes—
- the classes of persons who may certify that a document is a true and complete copy of an instrument creating a power of attorney, and
- the form to create a general power of attorney, and
- the form to create an enduring power of attorney, and
- savings and formal matters.
The provisions in the 2024 regulation are substantially the same as the 2016 regulation. The only amendments are to the Important information and the Notes for completion in both the general and enduring powers of attorney forms, simply to update the name and contact details for NSW Land Registry Services, and where to obtain further information, being: the Office of the Registrar General, and the NSW Trustee and Guardian.
By Lawyers Powers of Attorney (NSW) guide contains six versions of the powers of attorney precedents, general and enduring, catering for various iterations of attorney/s and substitute attorneys. These precedents are automated for LEAP users. They have all been updated to reflect the new prescribed forms, and a link to the new regulation has been included in the commentary.