Tag: Disputed Guardianship and Will
Financial managers need remuneration approved by NSW Trustee
10-January-2013 Guardianship By Mark StreeterA recent case in the NSW Supreme Court has helped define who can undertake the role of financial manager of a person’s assets when a person is incapacitated. It also helped define what constitutes a conflict of interest in the circumstances...
What is the role of a case guardian in the Family Court?
9-January-2013 Guardianship,Family Law By Mark StreeterDo you have a friend or relative that suffers from a physical or mental disability and currently has a matter in the Family Court? Are they having difficulty understanding and communicating? If so, then they may lack the capacity to manage their own...
New Super Tribunal to “swallow” Guardianship Tribunal
31-October-2012 Guardianship By Mark StreeterA proposed new Super Tribunal will take over the role of the current Guardianship Tribunal, along with 23 other NSW tribunals in 14 months time. From January 1, 2014, the Guardianship Tribunal, the Consumer Trader & Tenancy Tribunal and the...
When does an individual lose capacity to grant a Power Of Attorney?
25-August-2011 Guardianship By Mark StreeterA Power of Attorney is a legal document enabling someone to act on another person’s behalf. It can be very useful but it is essential that the person who grants this ‘power’ have the ‘capacity’ to do so. In July 2010, a case in the Supreme...
Deed of Enduring Guardianship put to test
29-November-2010 Guardianship By Mark StreeterDoes a Deed of Enduring Guardianship allow a hospital to stop medical treatment even if it is keeping a patient alive? The case of Hunter and New England Area Health Service v A [2009] NSWSC 761 in 2009 raised this very important question. A Deed of...
Protecting the elderly from financial exploitation
Guardianship By Mark StreeterGrandmother's bank accounts being raided “I am concerned my grandmother is being taken advantage of! My cousin has moved into her house and is accessing her bank accounts what can I do?” Comment from Mark Streeter - Sydney Family Law...