O'Reilly & Sochacki Lawyers

Power of Attorney on the tweed Coast

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Tweed Coast Power of Attorney & Enduring Guardianship

We may not always know what’s around the corner in life, but we can do our best to get ready for what may come. At O’Reilly & Sochacki Lawyers, we help families to apply for Power of Attorney and Enduring Guardianship so they can prepare for the unexpected. These documents work in different ways, but essentially they grant a nominated person the authority to make legal decisions for someone who is unable to do so.


Our solicitors help clients throughout the Tweed Coast, Murwillumbah and Pottsville by preparing Power of Attorney and Enduring Guardianship documents. It’s important to have someone who can assist with your affairs during times of illness, especially as we age. Families with ageing parents may want to consider what would happen if they temporarily or permanently lost the ability to make legal and financial decisions.


Our solicitors are able to talk you through your options and find the solution that fits your situation. You can reach us on 02 6672 2878.

What is Power of Attorney?

Power of Attorney is a legal document used to grant someone the authority to make financial decisions on your behalf. If you travel frequently, or your health is declining, you can nominate a Power of Attorney to manage your affairs. Even if you are young, fit and healthy, you can create a legal document for Power of Attorney to come into effect at a future date.


At O’Reilly & Sochacki Lawyers, we can arrange General, Specific and Enduring Powers of Attorney, depending on your personal situation. Your nominated person may assist with managing your bank accounts, paying your bills and otherwise managing your finances. 


Enduring Power of Attorney can be arranged in advance and come into effect if your mental capacity is found to be diminished. This type of power can remain in place for the duration of your life. Our solicitors can guide you through the various pertinent documents and help you find a solution that’s right for you.

What is Enduring Guardianship?

Like Power of Attorney, Enduring Guardianship is a legal document that grants a nominated person the power to manage affairs on your behalf. While Power of Attorney allows a person to manage your financial affairs, Enduring Guardianship can be used to manage personal affairs too. As the title ‘enduring’ suggests, the order typically remains in place until the death of the appointer or appointee.


If you are unable to make decisions due to physical illness or diminished mental capacity, Enduring Guardianship allows your nominated person to step in. They can find you a more appropriate home and make decisions in regard to your personal services and leisure activities. It also grants them power to consent to or refuse medical treatment on your behalf. Enduring Guardianship can incorporate care directions, such as ‘Do Not Resuscitate’ orders. To discover the best solution for your situation, please get in touch with our team.

Who Can I Nominate?

To make sure your estate is distributed according to your wishes, you can create a will or estate plan. While this document sets out the plan for when you pass away, it does not dictate who can make decisions for you while you’re alive. This is where an Enduring Guardianship or Power of Attorney can help your loved ones to care for you.


If you proceed with Enduring Guardianship or Power of Attorney, you’ll need to nominate the person to manage your affairs. There are multiple legal and personal considerations when making this decision. Book an appointment for more information—our knowledgeable solicitors are here to assist you.

Frequently Asked Questions

When does an Enduring Power of Attorney come into effect?

Can I appoint more than one attorney or guardian?

Do I need a lawyer to create a Power of Attorney?