Guardianship allows an adult person in Australia to act another persons behalf in relation to their financial, health and lifestyle decisions. Although it is possible for someone to appoint a guardian without an application being made to the tribunal, if the person for whom the guardianship is being instituted disputes this or disagrees with it, or it is disputed by a third party often a guardianship order will be necessary. It is usually necessary to seek a guardianship where the person concerned no longer has the mental capacity necessary to appoint a guardian themselves and they do not have an enduring guardianship or enduring power of attorney.

In modern estate planning, most people are encouraged to make a will, enduring power of attorney and enduring guardianship because these three legal instruments are capable of covering most of the issues that arise in the estate planning process. Basically, a will outlines the intentions of a person after they pass away, a power of attorney allows someone else to manage the person’s financial affairs and a guardianship enables another person to make decisions about the health and lifestyle of the person under guardianship.

If you are in need of a consultation in relation to any elder law issue such as the making of a will or a power of attorney or guardianship, please do not hesitate to contact us. Please not that we usually only offer services to clients located in New South Wales.