# Power of attorney & enduring guardianship

> Nash Allen Williams & Wotton - Central Coast NSW solicitors since 1957. Offices at Tuggerah (02 4332 3588) and Budgewoi (02 4399 2800). Canonical page: https://nawwlaw.com.au/legal-services/power-of-attorney-guardianship/

**Jurisdiction:** New South Wales, Australia | **Last updated:** 2026-07-30 | **Source:** Nash Allen Williams & Wotton, https://nawwlaw.com.au/legal-services/power-of-attorney-guardianship/

While you have capacity, you make your own decisions. These two documents decide who steps in if that ever changes - an enduring power of attorney for financial and legal decisions, and an enduring guardian for health and lifestyle decisions. Most people benefit from both, prepared together with their will.

## Tailored, with safeguards

We tailor each appointment to your circumstances and build in appropriate safeguards, so the power does what you intend - no more, no less. We also advise appointed attorneys and guardians on their duties, so their decisions stay inside the power and beyond challenge.

## When there is no appointment

NCAT (the NSW Civil and Administrative Tribunal) can appoint a decision-maker for someone who has lost capacity without valid appointments in place - and deals with disputes about attorneys and guardians. We can help you make or respond to a Tribunal application.

## How we can help

- Enduring powers of attorney, tailored with safeguards
- Appointments of enduring guardian
- Advice to attorneys and guardians on their duties
- NCAT applications and responses
- Prepared together with your will as one estate plan

## Common questions

### What is the difference between a Power of Attorney and an Enduring Guardian?

A Power of Attorney covers financial and legal decisions (paying bills, managing property). An Enduring Guardian covers lifestyle and health decisions (where you live, what care you receive). Most people benefit from having both, and we usually prepare them together with your will.

### Does next of kin override a Power of Attorney?

No. A properly appointed Enduring Power of Attorney has legal authority that "next of kin" does not - next of kin is not a formal legal decision-making role in NSW. That is exactly why these documents matter.

### Is an Enduring Power of Attorney valid after death?

No - on the death of the person who made it, the power of attorney ends. From that point the estate is dealt with under the will (or intestacy rules) by the executor or administrator once a grant is made.

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This is general information, not legal advice. Initial consultation: there is NO consultation fee for wills, conveyancing, powers of attorney and enduring guardianship, deceased estate administration or contested estates. For other matters (criminal, family law, litigation and general enquiries) an initial consultation is $275. Enquiring is always free. Request a consultation via the enquiry form at https://nawwlaw.com.au/contact/ or phone (02) 4332 3588. Enquiries receive a reply within one business day; a conflict check is run before any engagement.