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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 Neal has been in practice as a solicitor in NSW since 1973, and is a partner in the firm of Teece Hodgson & Ward, Sydney. He has presented seminars and workshops, and also participated in panel discussions in the areas of Wills and estates law, power of attorney, guardianship and advanced care directives from 1985 onwards. His work includes litigation, predominantly contested Probate, Family Provision cases and other Equity work, including shareholder and partnership disputes. He also does financial management and guardianship work, including in the Guardianship tribunal of NSW (now Guardianship Division of NCAT) Complex estate planning advice is a substantial part of his practice, and he also acts as an expert witness. - Current at 19 September 2018
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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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