Power of Attorney & Guardianship Lawyers Sydney

Illness, accident and age can take away our ability to make decisions without warning. When that happens, someone must pay bills, manage investments, deal with a business, and make decisions about treatment and care. The only question is whether you chose that person, or whether a tribunal will.

For people with businesses, investment properties, family trusts and complex family relationships, the choice matters more. The wrong appointment, or none, can leave a company without direction, a portfolio unmanaged, or family members in conflict at the worst possible time.

Enduring power of attorney
Made under the Powers of Attorney Act 2003 (NSW), it appoints one or more attorneys to manage your financial and legal affairs, and continues if you lose capacity. It must be signed in the presence of a prescribed witness (such as a solicitor) who certifies that the document's effect was explained to you, and each attorney must sign an acceptance before acting. You can specify when it starts, appoint attorneys jointly or severally, and set conditions and limits. If your attorney will deal with land, the power must be registered.

Enduring guardianship
Made under the Guardianship Act 1987 (NSW), an appointment of enduring guardian allows your chosen guardian to make personal, lifestyle and health decisions if you lose capacity. It must be witnessed by an eligible witness, and the guardian must accept the appointment.

Advance care directive
You can also record your wishes about future medical treatment in an advance care directive, which your guardian and treating doctors must take into account.

An enduring power of attorney allows your attorney to deal with property you own personally. It does not, of itself, make your attorney a director of your company or trustee of your family trust. Those roles depend on the company's constitution and the trust deed. A complete plan therefore reviews your structures too, for example, appointing alternate directors, or ensuring the trust deed provides for succession of the appointor role on incapacity.

Where there has been a separation, or there are children from earlier relationships, choosing attorneys and guardians who will act fairly for everyone matters, and so does giving them clear guidance.

We advise you on whom to appoint and how, draft documents that fit your structures and family, and witness and certify them ourselves. We usually prepare them alongside your will and estate plan, so every document points in the same direction. We also advise attorneys and guardians who need help understanding their role, and families facing applications to the tribunal.