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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 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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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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