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There is a version of estate planning that most people instinctively understand: if you die without a Will, the law decides who gets your assets. The intestacy rules are impersonal, occasionally counterintuitive, and indifferent to whatever you might have wanted. Most people accept this as a reason ...
Every six months, NCAT's Guardianship Division publishes a Case Digest, a curated summary of significant decisions involving financial management orders, guardianship orders, medical consent, and enduring power of attorney reviews. Quietly circulated to legal practitioners, aged care providers, and ...
When people think about “getting their affairs in order," they usually think about a will, a document that speaks only after they die. But a will does nothing while you are alive. If you lose the ability to make decisions for yourself through dementia, a stroke, or a sudden illness, a will cannot ...
In modern Australia, blended families are increasingly common, bringing with them complex family dynamics, competing loyalties, and heightened risks of conflict when it comes to estate planning. Nowhere are these risks more apparent than in the appointment of an Enduring Power of Attorney (EPOA), p...
The NSW Court of Appeal decision in Bird v Bird [2013] NSWCA 262 serves as a powerful reminder of the responsibilities and legal limitations faced by family members acting as attorneys or executors of a deceased estate. The case, involving the misuse of powers of attorney and the failure of executor...
In the realm of business law, a corporate power of attorney (POA) is an invaluable legal instrument for corporations operating in New South Wales (NSW) and across Australia. It authorises a designated person or entity to act on behalf of the corporation in specific legal, financial, or operational m...
Powers of Attorney are legal instruments that allow an individual (the principal) to appoint another person (the attorney) to manage their financial and legal affairs. While the Power of Attorney is a vital tool for estate planning, its misuse can lead to significant legal disputes. This blog explor...
If you are appointed as a substitute attorney under a Power of Attorney, ensure that you are validly entitled to act if the first appointed attorney is unable or unwilling to so act, and that you are acting within the scope of your designed power. These issues, and more, were considered by the Supr...
The Equity Jurisdiction of the Supreme Court handed down a decision on 23 October 2020 in relation to legal issues in the areas of Estate Law and Property Law. Several properties which are of importance in the case are located in the Sutherland Shire.
If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the Supreme Court regarding the exercise of any function. Once that advice is received, then you cannot be h...
An enduring power of attorney is a powerful document.
In the case of Szozda v Szozda [2010] NSWSC 804, the Supreme Court explained 2 fundamental questions that clients should ask themselves when making an enduring power of attorney:
"First, is it to my benefit and in my interests to allow another ...
This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.
