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


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 has been in practice as a solicitor in NSW since 1973, and is a partner in the firm of Teece Hodgson & Ward, Sydney. His work is mainly litigation, predominantly contested Probate, Family Provision cases and other Equity work, including shareholder and partnership issues. Richard has presented on areas such as Wills and estates law, powers of attorney, guardianship and advanced care directives from 1985 onwards. He also does financial management and guardianship work, including in the Guardianship Tribunal of NSW. Complex estate planning advice is a substantial part of his pratice, and he also acts as an expert witness. - Current at 12 January 2017
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This was presented at NSW 10th Annual Estate and Business Succession Planning .

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Individual sessions

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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