Category: Guardianship

How to ensure your will is valid

6-December-2014 Guardianship,Contested Wills By Mark Streeter

Homemade documents, such as do-it-yourself will kits or handwritten notes, are often inadequate in clearly stipulating what you wish to happen to your assets after you die. A properly laid out and executed will can avoid unintended consequences,...

Powers of Attorney Act changes

25-October-2013 Guardianship By Mark Streeter

In the unfortunate event that you lose the ability to manage your own financial affairs, it is common for a trusted relative, friend or solicitor to take over the management of your affairs. But it is important that you elect a Power of Attorney while...

Guardian can be removed by Courts

24-October-2013 Guardianship By Mark Streeter

    In a very interesting case before the Supreme Court of NSW on 13 September 2013, His Honour Justice White considered an application to “suspend” the decision-making powers of a Guardian appointed under a Deed of Enduring...

How to finalise a digital death

10-September-2013 Guardianship By Mark Streeter

While preparing a will is seen as essential for anyone who owns property or possessions and has dependents, details and security of a person’s online accounts and profiles is often overlooked. Although the Internet is a relatively recent phenomenon,...

Financial managers need remuneration approved by NSW Trustee

10-January-2013 Guardianship By Mark Streeter

    A 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 Family Law,Guardianship By Mark Streeter

Do 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 Streeter

A 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 Streeter

A 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...

Widow fights for multi million dollar estate

2-December-2010 Guardianship By Mark Streeter

After 30 years of marriage what would you expect from your husband's estate? When your husband has a $15 million estate probably quite a bit. In this fascinating case a widow turned to the courts for help in receiving a greater share of the estate. The...

Deed of Enduring Guardianship put to test

29-November-2010 Guardianship By Mark Streeter

Does 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...