Safe Keeping Important Documents
SETTING UP LEGAL DIRECTIVES & INSTRUCTIONS
You have made a plan for your future. This is a kind gift to your family. Now, you need to keep your plan safe. Your important legal papers only work if they are kept safe and if people can find them when they are needed.
This guide will show you the best ways to store your papers and how to share copies safely.
The Main Rule: Keep Originals Safe, Use Copies
This is the most important rule. Your original papers (the ones you signed) are very special and must be kept in a very safe place.
The people you have chosen to help you (your Attorney, Guardian, and Executor) do not need the original papers to do their job. You should give them certified copies.
Originals: The one and only signed paper. Keep it safe.
Certified Copies: A photocopy of the original paper that a special person (like a Justice of the Peace or a lawyer) has signed to say it is a true copy.
Where to Keep Your ORIGINAL Papers
Here are the best places to keep your original papers:
With Your Lawyer: This is a very safe option. Your lawyer will keep your papers safe, and your family will know who to call.
NSW Trustee & Guardian's Will Safe: This is a safe place from the government made just for important papers like Wills, Enduring Power of Attorney, and Enduring Guardian.
In a Bank Safe Deposit Box: This is safe, but you must make sure the person you chose can get into it. If they can't, it can cause problems and delays.
In a Fireproof Safe at Home: This is a good choice if the safe is strong and hidden. The person you chose must know where it is and how to open it.
Sharing Copies with People Who Need Them
Who can make a certified copy?
A lawyer
A Justice of the Peace (JP)
Who needs a certified copy?
Each person you have chosen to be your Attorney, Guardian, or Executor.
The people you chose as your backups.
It's also a good idea to give a copy to a trusted family member.
Smart Storage for Different Papers
Different Papers Need Different Plans
Your Enduring Power of Attorney (EPA)
This is the paper for your money and property. You must put this paper on a public list (register it) with NSW Land Registry Services (LRS) if your Attorney needs to buy or sell a house or shares for you.
Why you might register it anyway:
It keeps it safe: There will be a copy on the public list in case the original gets lost.
It's good proof: It shows everyone that your Attorney has the power to help you.
Important: If you cancel a registered EPA, you must also tell NSW LRS that it has been cancelled.
Your Advance Care Directive (ACD)
This paper is for your health care wishes. It needs to be found very quickly in an emergency. It is not a good idea to keep the only copy locked in a bank.
Where to keep and share your ACD:
My Health Record: You can upload it to your My Health Record online. Doctors and hospitals can see it there. Please refer to Uploading Advance Care Directive to My Health Record.
Your Doctor: Give a copy to your doctor to put in your file.
Your Guardian and Family: Make sure they have a copy.
Wallet Card: Keep a small card in your wallet. The card should say you have an ACD and who to call to find it.
About your Will: You can keep a copy of your ACD with your Will, but do not staple or attach it to your Will.
The Legal Master List: Your Key to Everything
This is your main list that shows where everything is.
DOWNLOAD TEMPLATE: MY LEGAL MASTER LIST
Your Legal Master List should have:
[ ] Where your original papers are kept (e.g., "My original Will is with ABC Lawyers").
[ ] A list of who has copies of your documents.
[ ] The phone number for your lawyer and financial advisor.
[ ] The details for your bank safe deposit box (bank, branch, and who has the key).
Stay Current: Review and Update Your Plans
Your life can change, so your plans should too.
Review your papers every two or three years.
Update them after any major life event, such as a marriage or divorce, the death of a family member or appointee, or a major change in your health or finances.
Set a reminder in your calendar to check on your plans each year.
Disclaimer: This guide provides general information only and is not a substitute for professional advice. The information is provided "as is," without any guarantee of its accuracy or completeness.
Any action you take based on the contents of this guide is at your own risk. We are not liable for any loss or damage resulting from its use. Please consult a qualified professional to address your individual circumstances.