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Do you need to be putting into place a guardianship agreement as well as an enduring power of attorney? paper

Published on 31 Oct 13 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

As we get older we need to plan for the future and recognise that there will come a point where we need to put in place future plans that acknowledge that we may not be able to carry them out personally.

This paper covers:

  • what is it and what function does it perform
  • contrasted with an enduring power of attorney
  • why it is important
  • what happens if you do not have one in place
  • can it be conditional?
  • who should be appointed
  • issues arising in blended family situations.

Author profile:

Richard NEAL
Richard is a partner in the firm of Teece Hodgson and Ward where he specialises in wills and estates law, estate planning, powers of attorney and guardianship and related litigation, a high proportion of which is contested probate, Family Provision Act cases and other equity work. Richard is an accredited specialist in wills and estates law, a chairperson of the Advisory Committee for Specialist Accreditation in Wills and Estates, a member of the Supreme Court Probate Users Group, a member of the Elder Law & Succession Committee of the Law Society of New South Wales, a member of the International Academy of Estate and Trust Law, a member of the Society of Trust and Estate Practitioners and a fellow of the Tax Institute.
Current at 15 March 2006 Current at 02 February 2014 Click here to expand/collapse more articles by Richard NEAL.
 

 

This was presented at NSW 10th Annual Estate and Business Succession Planning .

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Do you need to be putting in place a guardianship agreement as well as an enduring power of attorney?

Author(s):  Richard NEAL

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