Powers of Attorney and Guardianship

By: TDG Legal Pty Ltd  30-Jan-2012
Keywords: Wills, Family Trusts, Shareholders Agreements

In New South Wales a Power of Attorney is used to appoint someone to make financial decisions on your behalf such as selling your house or operating your bank accounts, whereas an Appointment of Enduring Guardians is used to appoint someone to make health and living arrangement decisions.

 

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are, can make a Power of Attorney or Appointment of Enduring Guardianship.

 

It's really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It's also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.

 

Can I change my mind? Yes, as long as your still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

 

Contact us to find out more or to arrange an appointment

Keywords: Family Trusts, Shareholders Agreements, Wills

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