New South Wales Consolidated Acts

POWERS OF ATTORNEY ACT 2003 - SCHEDULE 3

SCHEDULE 3 – Prescribed expressions and authorisations for prescribed powers of attorney

(Sections 11 (2), 12 (2) and 13 (2))

1 Authority to give gifts

(1) The prescribed expression for the purposes of section 11 (2) is as follows:

I authorise my attorney to give reasonable gifts as provided by section 11 (2) of the Powers of Attorney Act 2003 .

(2) The prescribed expression authorises an attorney to give a gift only if:

(a) the gift is:

(i) to a relative or close friend of the principal, and

(ii) of a seasonal nature or because of a special event (including, for example, a birth or marriage), or

(b) the gift is a donation of the nature that the principal made when the principal had capacity or the principal might reasonably be expected to make,

and the gift's value is not more than what is reasonable having regard to all the circumstances and, in particular, the principal's financial circumstances and the size of the principal's estate.

(3) In this clause:

"close friend" of a principal means another individual who has a close personal relationship with the principal and a personal interest in the principal's welfare.

"relative" of a principal means:

(a) a mother, father, spouse (including wife or husband), daughter, son, step-daughter, step-son, sister, brother, half-sister, half-brother or grandchild of the principal, or

(b) if the principal is a party to a registered relationship or interstate registered relationship, within the meaning of the Relationships Register Act 2010 , or a domestic relationship within the meaning of the Property (Relationships) Act 1984 , any person who is a relative, of the kind mentioned in paragraph (a), of either party to the relationship.

2 Authority to confer benefits on attorney

(1) The prescribed expression for the purposes of section 12 (2) is as follows:

I authorise my attorney to confer benefits on the attorney to meet the attorney's reasonable living and medical expenses as provided by section 12 (2) of the Powers of Attorney Act 2003 .

(2) The prescribed expression authorises an attorney to confer a benefit on the attorney only if:

(a) the benefit meets (whether in whole or in part) any expenses incurred (or to be incurred) by the attorney in respect of any of the following:

(i) housing,

(ii) food,

(iii) education,

(iv) transportation,

(v) medical care and medication, and

(b) the benefit is not more than what is reasonable having regard to all the circumstances and, in particular, the principal's financial circumstances and the size of the principal's estate.

3 Authority to confer benefits on third parties

(1) The prescribed expression for the purposes of section 13 (2) is as follows:

I authorise my attorney to confer benefits on [insert name(s) and address(es) of each third party] to meet their reasonable living and medical expenses as provided by section 13 (2) of the Powers of Attorney Act 2003 .

(2) The prescribed expression authorises an attorney to confer a benefit on a named third party only if:

(a) the benefit meets (whether in whole or in part) any expenses incurred (or to be incurred) by the third party in respect of any of the following:

(i) housing,

(ii) food,

(iii) education,

(iv) transportation,

(v) medical care and medication, and

(b) the benefit is not more than what is reasonable having regard to all the circumstances and, in particular, the principal's financial circumstances and the size of the principal's estate.