Powers of Attorney & Enduring Guardian Law & Lawyers

TYPES OF POWERS OF ATTORNEY

A power of attorney is a document that gives a person (called either the donee, attorney or appointee) the power to act on behalf of the person or company who gives the power (called the donor, principal or appointor). There are laws that regulates general and enduring powers of attorney. It is important that a power-of-attorney accords with all relevant laws and regulations.

Giving a power of attorney is giving someone the authority to deal with your financial affairs. This is different from a power of guardianship, which enables another person to make personal decisions for you, for example, where you should live, recreation decisions or consenting to or refusing medical treatment. See Enduring Powers of Guardianship. These are both arrangements which allow a person to plan ahead, thereby providing a possible alternative to the involvement of the Guardianship Board at a later stage in someone's life.

If you would like a power-of-attorney drafted by a lawyer, if you would like legal help regarding any aspect of Powers of attorney, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing Powers of attorney and associated documentation.

In South Australia any person who is over 18 years and of sound mind can make a power of attorney. No-one else can make a power of attorney for you. The issue of whether someone under 18 years can make a power of attorney is the subject of some legal debate. If you are under 18 and considering giving a power of attorney, it is suggested you consult a lawyer.

There are two different forms of powers of attorney - they have similarities but there are some important differences.

A general power of attorney is an authority given to a donee to deal with a donor's financial affairs. For example, it allows a donee to buy and sell things or to operate a donor's bank account if he or she is away on holidays overseas.

An enduring power of attorney is a power of attorney that operates even though the donor is legally incapacitated, for example is unable to communicate after a stroke, or becomes senile. In these circumstances, a general power of attorney ceases to operate and actions taken under it after that time are invalid.

If you would like a power-of-attorney drafted by a lawyer, if you would like legal help regarding any aspect of Powers of attorney, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing Powers of attorney and associated documentation.

A general power of attorney and an enduring power of attorney both give an attorney authority to deal with a person's financial affairs. However, while a general power of attorney is cancelled automatically if a person becomes legally incapacitated, an enduring power of attorney will still be effective.

Giving either power of attorney does not mean you lose control over your affairs. A person can still deal with whatever matters he or she chooses, while the donee can only do the things that the form allows. However, giving a power of attorney to someone who is not absolutely trustworthy is very dangerous.

A power of attorney document provides proof of the donee's power to act on the donor's behalf. It must be shown whenever the donee is doing something in place of the donor.

It is not always necessary to make a power of attorney to deal solely with a social security pension, and other arrangements can generally be made to use a bank account on a person's behalf without going to the trouble, and risk, of making a power of attorney. However, it is unlawful to deal with someone else's money, no matter how close to you, without that person's authority.

A donor acting as a trustee or personal representative for another person cannot use a power of attorney to pass on these functions to someone else.

A power of attorney ends when the donor dies. At this point, a will takes over.

If you would like a power-of-attorney drafted by a lawyer, if you would like legal help regarding any aspect of Powers of attorney, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing Powers of attorney and associated documentation.


Enduring Guardianship

One way of planning for your own future is to appoint an enduring guardian. If you lose the capacity to make your own decisions, an enduring guardian can make personal decisions on your behalf, such as where you should live and what medical treatment and services you should receive.

The NSW legislation governing enduring guardianship is the Guardianship Act. An enduring guardian appointed under the NSW legislation can make decisions which will affect the person under guardianship when they are in NSW.

NSW also recognises the appointments of enduring guardians or their equivalents made under the law of other states and territories of Australia so that they can make decisions in NSW for people who appointed them.

Other states and territories of Australia have their own legislation governing enduring guardianship. Some, but not all, of the other Australian states and territories automatically recognise a NSW enduring guardianship appointment as legally valid in those states. This means the enduring guardian will be able to use it in those states. If you are planning to be in another state or move around Australia, you should find out whether the law in the other state to which you are planning to move will recognise a NSW enduring guardianship appointment. If the NSW enduring guardianship appointment is not recognised, you may wish to consider appointing an enduring guardian under the laws of that state or territory. For more information about guardianship laws in other states or territories, you should contact the interstate guardianship organisation. Their contact details can be found at the website for the Australian Guardianship and Administration Committee.

If you would like a enduring guardianship document drafted by a lawyer, if you would like legal help regarding any aspect of enduring guardianships, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing documents pertaining to enduring guardianships.

Reviews of enduring guardianship

The Tribunal can review the appointment of an enduring guardian on its own motion or at the request of anyone who the Tribunal considers has a genuine concern for the welfare of the person.

The Tribunal can suspend, revoke, confirm or vary the appointment of an enduring guardian. It can also declare the appointment has effect.

The appointment of an enduring guardian can only be revoked at the request of the appointed enduring guardian or if the Tribunal is satisfied that revocation is in the best interests of the person.

The Tribunal can appoint a substitute enduring guardian if the original enduring guardian has died, resigned or become incapacitated.

If you would like a enduring guardianship document drafted by a lawyer, if you would like legal help regarding any aspect of enduring guardianships, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing documents pertaining to enduring guardianships.

 

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Powers of Attorney & Enduring Guardian Law & Lawyers News

New & Further Information - Powers of Attorney Law & Lawyers

We all prefer to decide for ourselves where we live and what medical treatment and services we have. Unfortunately this is not always possible. Every day people are involved in accidents or become sick. Sometimes this can lead to them being unable to make decisions for themselves.

Under the Guardianship Act, you can appoint an enduring guardian to make decisions for you if you lose the capacity to do this for yourself.

Some frequently asked questions regarding enduring guardianships:

What is an enduring guardian?
An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself. You choose which decisions you want your enduring guardian to make. These are called functions. You can direct your enduring guardian on how to carry out the functions.

Who can appoint an enduring guardian?
If you are over 18 years, you can appoint one or more people to be your enduring guardian. At the time you appoint an enduring guardian, you must have the capacity to understand what you are doing.

Who can be an enduring guardian?
The person you appoint as your enduring guardian must be:

  1. at least 18 years old
  2. someone you trust to make decisions in your best interests.

The appointed enduring guardian cannot be a person who, at the time of appointment:

  1. provides medical treatment or care to you on a professional basis; or
  2. provides accommodation services or support services for daily living on a professional basis; or
  3. is a relative of one of the above.

What sort of decisions can an enduring guardian make?
You can give your enduring guardian as many or as few functions as you like. You can delete the functions you do not want your enduring guardian to have and add others if you wish. For example, you can give them the power to decide on your health care but not where you live.

You may give the enduring guardian directions about how to exercise the decisionmaking functions you give them. For example, you can direct your enduring guardian to consult with a particular close friend before making a decision.

If your enduring guardian has a health care function, they will be able to see your medical records to help make decisions for you.

What decisions can't an enduring guardian make?
An enduring guardian cannot consent to anything unlawful and cannot:

  • make a will for you,
  • vote on your behalf,
  • consent to marriage,
  • manage your finances, or
  • override your objections, if any, to medical treatment.

If at the time decisions are made by your enduring guardian to which you strongly object, the matter can be brought to the Guardianship Tribunal.

An application must be made to the Guardianship Tribunal to authorise medical treatment overriding your objections. Also, only the Tribunal can consent to certain 'special' medical treatments.

What principles guide an enduring guardian?
Your enduring guardian must act within the principles of the Guardianship Act, in your best interests and within the law. You cannot give your enduring guardian a function or a direction which would involve them in an unlawful act.

How many guardians can I appoint?
You can appoint one or more persons as enduring guardian. If you appoint more than one enduring guardian, you can direct them to act jointly or separately (severally).

What are joint and alternative enduring guardians?
You can appoint enduring guardians to act jointly (the enduring guardians must agree on all decisions), severally (each enduring guardian can make decisions separately from the others), or jointly and severally (the enduring guardians can act together or separately).

You can choose to have the remaining joint enduring guardian(s) continue even though one or more of the others die, resign or become incapacitated. The Appointment of Enduring Guardianship form provides an option to allow for this in Section 1c. If you do not choose this option, the enduring guardianship will end automatically when one of the joint enduring guardians dies, resigns or becomes incapacitated.

You can also appoint an alternative enduring guardian who can act only if the original enduring guardian(s) dies, resigns or becomes incapacitated.

How do I appoint an enduring guardian?

Step 1:
You need to discuss the appointment with your chosen enduring guardian and make sure they are willing to take on this responsibility if you were no longer capable of making decisions for yourself. You should discuss the functions in detail and ensure that your guardian clearly understands your wishes.


Step 2:
You may also wish to discuss the appointment with family or other significant people in your life.


Step 3:
You need to complete the attached form or a document containing the same information. The form has to be signed by:

  • you or an eligible signer on your behalf
  • the enduring guardian(s)
  • the witness for each signature.

Who can be an eligible signer or witness?

A witness must be a NSW barrister, a NSW solicitor, a clerk of the Local Court, or an interstate legal practitioner. Every signature on the form must be witnessed. The different signatures can be witnessed by different people at different times and places. For example, your signature can be witnessed in NSW and the enduring guardian's signature can be witnessed in another state.

What should I do with the appointment?

It is a good idea to keep the appointment form in a safe place. Tell someone else where it is. Give a copy to your enduring guardian. You may wish to give copies to significant people in your life (eg your doctor).

When does it take effect?

The appointment of your enduring guardian takes effect only if you become unable to make your own personal or lifestyle decisions. Your enduring guardian may wish to seek the opinion of a medical practitioner about your capacity to make decisions before acting on your behalf.

If there is any doubt about your capacity to make decisions, a medical practitioner may have to assess your capacity.

Can I change my mind?
While you are capable of making your own decisions, you can revoke the appointment of an enduring guardian. To do this you need to complete a Revocation of Appointment of Enduring Guardian form. This form will also need to be witnessed by an eligible witness. You have to advise the enduring guardian in writing that their appointment has been revoked.

You can appoint a new person as your enduring guardian, or change the functions or directions given to your enduring guardian. You will need to complete a new form of appointment to achieve any of these things.

Only the Guardianship Tribunal can make changes to the appointment if you have lost the capacity to do this for yourself.

What happens if I get married?
If you marry after appointing an enduring guardian, the appointment is automatically revoked or cancelled. If you wish to reappoint the enduring guardian, you need to complete a new application form reappointing the person.

What if someone is worried about what my enduring guardian is doing?
Anyone with a genuine concern for your welfare can apply to the Guardianship Tribunal for a review of the appointment if they feel that your enduring guardian is not making appropriate decisions on your behalf. The Tribunal can revoke the appointment or confirm it. It may also change the functions in the appointment or make a guardianship order.

The Tribunal does not supervise enduring guardians. It will act only if it receives an application from a concerned person or receives information which leads it to review the enduring guardian appointment.

What happens if my enduring guardian cannot continue?
If the person you have appointed dies, resigns or becomes incapacitated, the Guardianship Tribunal can, in limited circumstanes, order another person to be appointed as enduring guardian on your behalf. Someone will need to lodge an application on your behalf.

When does enduring guardianship end?
Enduring guardianship ends when you die, or when you revoke the appointment. A joint enduring guardianship will also end if one of the guardians dies, resigns or becomes incapacitated unless you provide otherwise in the form. An enduring guardianship appointment is suspended if the Guardianship Tribunal makes a guardianship order. The Tribunal may revoke the appointment.

If you would like a enduring guardianship document drafted by a lawyer, if you would like legal help regarding any aspect of enduring guardianships, then please complete your free legal enquiry form to be put in contact with a lawyer experienced in preparing documents pertaining to enduring guardianships.

 

Powers of Attorney & Enduring Guardian Law & Lawyers Updates

What is a Power of Attorney?

A Power of Attorney is a document in which one person (the Donor) appoints another person (the Attorney) to act for him or her. There are many reasons why you might want to appoint someone else to look after your financial affairs. For example, if you are going to be out of the country for a lengthy period of time, you might want someone to do your banking while you are gone. If you are approaching old age, you may want to give a Power of Attorney to a person you trust so that he or she can manage your property for you.

What are the differences between enduring and ordinary Powers of Attorney?

There are two major types of Powers of Attorney: ordinary and enduring.

An ordinary Power of Attorney is only valid as long as the Donor is capable of acting for him or herself. If the Donor dies or becomes mentally incompetent, the Power of Attorney is invalidated.

An Enduring Power of Attorney remains valid even if the Donor later becomes mentally incompetent. (Note: the Donor must be competent at the time the Power of Attorney is made.)

In either case, the Power of Attorney becomes invalid when the Donor dies. A Power of Attorney cannot be used to bequeath property upon the death of the Donor.

What are the differences between general and specific Powers of Attorney?

A general Power of Attorney is one that gives the Attorney the authority to do anything the Donor could do him or herself. A specific Power of Attorney is one that gives the Attorney authority to act for a particular purpose. (For example: to buy or sell a particular piece of property.)

Will a Power of Attorney still be valid after the Donor dies?

NO. Generally Speaking, when a person dies, the Executor (also called a "Personal Representative") appointed in the person's Last Will and Testament takes control of the deceased person's property and distributes it according to the instructions in the Will. If there is no Will (or if the Will is invalid), each jurisdiction has intestacy legislation that distributes the deceased person's property to his or her relatives according to a set of rules. A court generally appoints an Administrator to oversee this process. Unfortunately, the deceased person's wishes are not taken into account during the process (which can be very lengthy), since they have not been formally expressed in the proper manner.

Will a Power of Attorney allow me to appoint someone to make welfare and medical decisions on my behalf?

In most of Australia, powers of attorney do not give someone the right to make decisions about your welfare or medical treatment. Usually, a medical power of attorney or anticipatory directive is required to deal with non-financial matters. The exception to this rule is found in Australian Capital Territory and Queensland. In the Australian Capital Territory you can use your Enduring Power of Attorney to appoint someone to run your everyday affairs (other than property and money) and consent to medical treatment and medical donation while you are incapacitated. In Queensland you can use your Enduring Power of Attorney to appoint someone to make personal and health decisions when your capacity is impaired.

The Donor

Who is the Donor?

The Donor is the person who needs someone else to act for him or her. The Donor must be an adult. The Donor must be capable of making his or her own decisions at the time the Power of Attorney is executed (signed).

What is "incapacity"?

A person is incapable of managing property if the person is unable to understand information relevant to making a decision about the management of property, or if the person cannot appreciate the foreseeable consequences of making (or not making) a decision about the management of property.

The Attorney

Who is the Attorney?

The person appointed by the Donor is called the Attorney. The Attorney is the person who acts for the Donor.

Does the Attorney have to be a lawyer?

No, there is no need for the Attorney to be a lawyer. (See below for Attorney qualifications.)

What qualifications does an Attorney need to have?

The Attorney must be a capable adult. The Attorney cannot be an undischarged bankrupt. The Attorney should not be the owner, operator or employee of a nursing home or extended care facility in which the Donor is a resident.

What qualities should I look for in an Attorney?

Your Attorney must be someone whom you trust completely. In addition, remember that your Attorney will have complete authority to deal with your financial and legal affairs (subject to any limitations or restrictions specified in your Power of Attorney). You should ensure that the person you choose has adequate financial management skills and sufficient time to handle your affairs properly. Your Attorney must be available when required, be able to objectively make decisions and be able to keep accurate financial records.

What are the responsibilities of my Attorney?

Your Attorney has the following responsibilities:
to act in your best interest;
to keep accurate records of dealings/transaction undertaken on your behalf;
to act for you with the utmost good faith and to avoid situations where there is a conflict of interest; and
to keep your property and money separate from their own.

Is it okay to appoint a relative as Attorney?

Yes, people often appoint relatives as Attorneys.

Can my Attorney also be a beneficiary in my will?

Yes.

What are Joint or Joint & Several Attorneys?

Sometimes a Donor will want to appoint two Attorneys. In that case the Donor must decide whether the Attorneys will be 'joint' Attorneys or 'joint and several' Attorneys. Joint Attorneys must act together. They must both agree before any action can be taken, and they must both take the same action at the same time. If one is absent, no action can be taken. Joint and several Attorneys can act together or individually. Either one can take an action without consulting the other. If one is absent, the other can still act.


Place and Time

What is "Jurisdiction"?

A jurisdiction is a place that has its own laws. It is a territory with boundaries, such as a state or a province. For example, California is a jurisdiction in the United States, Ontario is a jurisdiction in Canada, Scotland is a jurisdiction in the United Kingdom and Queensland is a jurisdiction in Australia.

What is the "Governing Law"?

A Power of Attorney is governed by the law of the jurisdiction where the actions of the Attorney will be performed. Normally, this is the place in which the property of the Donor is located. Therefore, it is not a good idea to appoint an Attorney who resides in a different jurisdiction, unless the property or assets you want the Attorney to deal with are also in the different jurisdiction. If you anticipate that your Attorney will be acting in more than one jurisdiction, you should probably make separate Powers of Attorney for each jurisdiction.


When does a Power of Attorney start?

A Power of Attorney can start on a date specified in the document, or upon the occurrence of an event (such as disability or incompetence). If there is no specified date or event, a Power of Attorney starts immediately upon execution.

NOTE: Some jurisdictions do not allow powers of attorney that start on the occurrence of an event.

How/when does a Power of Attorney end?

An ordinary Power of Attorney ends automatically when the Donor becomes mentally incapacitated or dies. An Enduring Power of Attorney ends automatically when the Donor dies. As long as you are mentally capable, you may revoke your Power of Attorney at any time by notifying your Attorney (in writing) that the Power is revoked and destroying the original Power of Attorney. Otherwise, a Power of Attorney continues in effect indefinitely, unless the document specifies an end date.

Can I revoke my Power of Attorney after I have become incompetent?

A person who is incompetent cannot revoke an Enduring Power of Attorney. However, an ordinary Power of Attorney is automatically revoked when the Donor is found to be incompetent.

How do I revoke my Power of Attorney?

You can revoke, or cancel, a Power of Attorney by giving your Attorney a written notice saying that his or her power has ended. Also, you may make a new Power of Attorney that states your previous Power of Attorney is now revoked (but you must still notify the previous Attorney of the revocation). Third parties (e.g., people or organisations that have been dealing with the Attorney) must also be notified. Additionally, if your Power of Attorney is registered you must also register the revocation.

Please note that if you fail to inform your attorney of the revocation, your Attorney can legally continue to make decisions on your behalf.

Powers

Should I put restrictions on my Attorney?

When you give a "general" Power of Attorney, you give your Attorney the authority to do anything you could do yourself, with a few exceptions - such as areas where you possess skills that your attorney doesn't (e.g. if you are a dentist, you cannot authorise your Attorney to practice dentistry on your behalf). But there may be some things you would prefer your Attorney did not do. For example, you may want to require that your Attorney get prior approval from you before signing cheques for large amounts on your account.

Should my Attorney be allowed to personally benefit from managing my assets?

If the person you are appointing as your Attorney is also a member of your family or a beneficiary in your will, you may want that person to be able to personally benefit from managing your assets, since you intend that person to become owner of the assets eventually. Generally, however, it is probably not a good idea to allow your Attorney to personally benefit from managing your assets as this creates a conflict of interest for your Attorney, who is legally obligated to act in your best interest, not his or her own best interest.

What can the Attorney do?

The Attorney may transact business respecting the Donor's property in all areas specified by the Donor.

Is the Attorney obligated to do anything?

Generally speaking, the Attorney is not obligated to act for the Donor. However, in some circumstances the Attorney may agree, in writing, to accept an obligation to take action when necessary. When the Attorney acts on behalf of the Donor, the Attorney must act in the best interest of the Donor.

Does my Attorney have the authority to act while I am still available and able to take care of my own finances?

Generally speaking, a Power of Attorney is effective as soon as it is executed (signed and witnessed, etc.) whether or not the Donor is available or able to handle his or her own affairs. However, the document might specify that it will only be effective under certain conditions. For example, some Powers of Attorney specify that they will not come into effect unless and until the Donor has become mentally incompetent to handle his or her own finances. Note: Some jurisdictions do not allow Powers of Attorney that commence upon the occurrence of a condition or event such as mental incapacity.

What specific financial or property matters may my enduring attorney deal with?

Examples of financial/property matters which your enduring attorney may deal with include:
executing a transfer of an interest in land;
renting or selling your home;
collecting income;
doing your banking;
investing your money; and
paying your bills and taxes.

What specific personal care matters may my enduring attorney deal with?

Examples of personal care matters which your enduring attorney may deal with include:
deciding where you live and who you live with;
making decisions about your daily diet and wardrobe choices;
deciding on whether you work or receive an education; and
deciding on whether you can apply for a license or permit.

What specific health care matters may my enduring attorney deal with?

Examples of health care matters which your enduring attorney may deal with include:
consenting to certain medical treatment and/or consenting to the withholding/withdrawal of medical treatment;
consenting to certain medical donations; and
making legal decisions related to your health care.

Are there any powers that I cannot authorise my attorney to do on my behalf?

You cannot authorise your attorney to make any decision that would be contrary to law. Additionally, you cannot authorize an attorney for your enduring powers of attorney to do any of the following:

Personal Matters
make or revoke the principal’s will;
make or revoke the principal’s power of attorney;
exercising the principal’s right to vote in a Commonwealth, State, Territory, or local government election or referendum;
consenting to the adoption of a child of the principal who is under 18 years; and
consent to the marriage of the principal.

Special health care matters
remove non-regenerative tissue from the principal while alive for donation to someone else;
sterilise the principal if the principal is, or is reasonably likely to be, fertile;
terminate the principal’s pregnancy;
participate in medical research or experimental health care;
treatment for mental illness;
electroconvulsive therapy or psychiatric surgery; and
prescribe health care.

Consent for special health care matters can only be provided by the Guardianship and Management of Property Tribunal.

Signing Details

What does it mean to "execute" a document?

When a person "executes" a document, he or she signs it with the proper "formalities". For example: If there is a legal requirement that the signature on the document be witnessed, the person executes the document by signing it in the presence of the required number of witnesses.

How should I sign my Power of Attorney document?

To be valid, you must sign the document with your usual cheque signing signature. You should also initial each page of the document. The signing and the initialing of the pages must occur in the presence of your notary or witness(es).

After you have signed and initialed your document in front of your notary or witness(es), your notary or witness(es) must sign on the applicable page of the Power of Attorney and should initial each page. This must occur in your presence.

Who can act as my witness?

Only one of your witnesses can be a relative. Your other witness must be a person authorised to make a statutory declaration as per the Statutory Declarations Act 1959. Your witnesses must be at least 18 years old and cannot be your attorney or a person who is signing on your behalf. You should generally avoid having witnesses that have any financial relationship with you. Your witnesses must have capacity and be mentally capable of managing their property and making their own decisions. To view who is authorized to make a statutory declaration click here.

Does it matter where the Power of Attorney document is signed and witnessed?

If your document will be used in a different jurisdiction - but not in a foreign nation - there is no problem with having the document signed and witnessed where you live, rather than where the document will be used. The witnessing requirements (number of witnesses required, whether or not notarisation is needed) should still be those of the place where the Power of Attorney will be used, however.

Can I use my Power of Attorney in a different state/territory?

Some territories and states have mutual recognition provisions in their Power of Attorney legislation which provide portability of powers within Australia. Before trying to use a power of attorney created in a different jurisdiction review the legislation of the jurisdiction where you wish to use the power of attorney to ensure that your Power of Attorney will be accepted.

What if my Power of Attorney will be used in a foreign nation?

If your document is intended to be used in a foreign nation, you may have to have it "authenticated" or "legalised". This is a process whereby a government official (e.g., the Secretary of State, the Foreign Office, the Office of the Attorney General - depending on where you live) certifies that the signature of the authority (e.g., notary or solicitor) on your document is authentic and should be accepted in the foreign nation. For more information about document authentication and legalisation, contact the local consulate/embassy of the foreign country your document will be going to, or one of the following government web sites:

United States: http://www.state.gov/m/a/auth/

Australia: http://www.dfat.gov.au/brisbane/index.html

Other Considerations

Do I have to pay my Attorney?

Depending on the kind of relationship you have with the person who will be acting as your Attorney, you will have to consider whether they should be paid for their services. You can stipulate in your document that your Attorney will not receive any payment except the reimbursement of out-of-pocket expenses, or you can agree to pay your Attorney a specified amount. If you prefer, you can authorise your Attorney to pay him or herself a reasonable amount for acting for you. However, you do not need to pay your Attorney for the power to be effective. Generally, payment is only made when a trust company or other professional person/organisation is acting as your Attorney.

Should I have my Attorney prepare financial statements?

You can require your Attorney to prepare periodical financial statements and send them to your accountant, lawyer or some other person you choose. This is a good deal of work, however, and most people do not require it of unpaid Attorneys.

Note: Attorneys should keep records of their actions.

What are co-owned assets?

If your Attorney is a family member, you may be joint owners of property. It is important to state this in your document, so that third parties dealing with your Attorney understand that the Attorney is entitled to co-own assets with you. Otherwise, the co-owning of assets could give the impression of impropriety.

Do I have to record or register my Power of Attorney with the Land Titles Office?

Generally speaking, a Power of Attorney has to be registered with a land titles office/department if it could affect real property (land or other real estate). For example, if the Attorney is authorised to mortgage or sell the Donor's real estate, or to purchase real estate on behalf of the Donor, the Power of Attorney will probably have to be registered at the appropriate office. Usually there is a fee for registration of the document. Additionally some jurisdictions provide stricter registration requirements. In Tasmania, all Powers of Attorney (whether general or enduring) must be registered with the Recorder of Titles. In Northern Territory, all Enduring Powers of Attorney must be lodged at he Registrar-General’s Office.

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ENDURING POWERS OF GUARDIANSHIP . .. NT Powers of Attorney Act, taking into consideration that the NT does not presently have legislation which allows ..


Prescribed Power of Attorney - The Guardianship Tribunal


Note: This form can be used to make a general power of attorney or an enduring power of attorney. page 1. [Section 8, Powers of Attorney Act 2003 (NSW)] ..


Enduring Power of Attorney - Lawlink NSW - NSW Government


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To make an enduring power of attorney you must be an adult .. Guardianship and Administration Act 2000 · Powers of Attorney Act 1998 ..


ENDURING POWERS OF ATTORNEY


ENDURING POWERS OF ATTORNEY .. this purpose you can appoint an enduring guardian. For more .. her powers or functions as attorney to another person.


Enduring Power of Attorney in Western Australia


The Guide updates The Practical Guide to Enduring Powers of Attorney (1999) to incorporate: • amendments to the Guardianship and Administration Act 1990 ..


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If the Guardianship Board decides that you need someone to make .. In most instances, particularly with Enduring Powers of Attorney, it is likely ..


Enduring Power of Guardianship in Western Australia Information Kit


For more detailed information on Enduring Powers of. Guardianship and the role of an enduring guardian, including a comprehensive guide to ..


APPLIC review EPA.qxd - The Guardianship Tribunal


Does the guardian/enduring guardian know about this application? Yes. No. Don't know. Parties is a term used in the Powers of Attorney Act and the ..


Publications - The Guardianship Tribunal


Reviews of Enduring Powers of Attorney - Appeals (108kb pdf file) Information about appeals from decisions of the Guardianship Tribunal in ..


Enduring Guardianship - NSW


What is the difference between enduring guardianship and enduring powers of attorney? Enduring guardianship is about personal and lifestyle decision-making ..


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Guardianship review. Queensland Law Reform Commission.


These include: the appointment of guardians and administrators; enduring powers of attorney; decisions about health care; the role of the Guardianship and ..


The Guardianship Board of South Australia :: Power of Attorney


An EPA is made under the Powers of Attorney and Agency Act 1984. Forms and the Enduring Power of Attorney: Do-it-yourself kit (containing ..


Further information


Planning ahead: wills, power of attorney, guardianship, advance .. Substitute decision-making, Powers of Attorney and Enduring Guardianship ..


Our Services - Local Courts : Lawlink NSW


..

Centres; Powers of Attorney and Enduring Guardianship; Marriage Celebrants .. The NSW Attorney General's Department acknowledges that legal and court ..


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It covers wills, powers of attorney, enduring guardianship and other information to help make sure your wishes will be carried out. The booklet ..


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Jump to ý: The Tribunal can review the making of an enduring power of attorney or its operation and effect.


Advice for Enduring Guardians


The enduring guardian's powers .. may be a financial attorney or an .. Information for enduring guardians appointed under an enduring power of guardianship ..


Subsidised Will, POA and Enduring Guardianship Scheme flyer.pub


Subsidised Wills,. Powers of Attorney and Enduring. Guardianship. Scheme. An initiative providing financially disadvantaged and vulnerable people with access ..


POWERS OF AN ENDURING GUARDIAN


An enduring guardian has the legal right to make most substitute decisions for a person with mental incapacity as if the guardian were that.


Who can be an enduring guardian?


The enduring guardianship may be 'tailored' to include limiting certain powers, or involving one or more persons in decisions relating to ..


Family Matters - Local Courts : Lawlink NSW


For more information about Powers of Attorney, these links can assist: .. If you need an Enduring Guardianship document witnessed, the ..


-RJSVQEXMSR &YPPIXMR 2S


Enduring guardianship covers areas where a power of attorney cannot be .. make an enduring power of attorney. .. "Powers of Attorney in NSW: A Guide" at: ..


Fact sheets — Office of the Public Advocate, Victoria, Australia


The following fact sheets provide further information on powers of attorney. Enduring Power of Attorney (Medical Treatment) (PDF 211KB). Enduring .. Information for enduring guardians appointed under an enduring power of ..


Enduring Power of Guardianship (EPG)


Information on Enduring Powers of Guardianship and Advance Health Directives. .. Department of the Attorney General. spacer image Search ..


Our Services - Local Courts : Lawlink NSW


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HNEAHS Internet - Enduring Guardianship


Enduring guardianship

allows you to legally appoint a substitute .. What is the difference between enduring guardianship and enduring powers of attorney?


Attorney FAQs | The NSW Trustee and Guardian


Jump to ý: This does not apply to Enduring Powers of Attorney which were made ..


Information sheet 10_Planning for the future


provides information about Enduring Powers of Attorney (EPA) and Enduring Powers of Guardianship (EPG). Recorded information, including answers to a ..


Advance Health Directives


Can my Guardian or Enduring Guardian make an Advance Health Directive for .. for assistance with Enduring Powers of Attorney are also included on this list.


About the Tribunal - The Guardianship Tribunal


The Guardianship Tribunal is a legal Tribunal. .. Attorney General & Justice .. enduring powers of attorney; review an enduring guardianship ..


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.. the patient under an enduring power of attorney (medical treatment) .. enduring guardian with appropriate powers appointed by the patient ..


8889 OPA Fact Sheet_FA2.indd


enduring powers of attorney, the. Instruments .. you should exercise your powers .. of attorney (medical treatment), enduring guardian or appointed guardian.


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When you should appoint an "enduring guardian" and what they can do. .. The Board · Enduring guardianship · Enduring powers of attorney ..


M.F. SPOTTISWOOD


Enduring Powers of Attorney remained valid and effective but on for financial matters. .. was the consequential need for the Appointment of Enduring Guardian.


Enduring Power of Attorney and Enduring Power of Guardianship


You can confidently appoint Public Trustee as your attorney .. enduring guardian for personal and lifestyle decisions .. Trustee are Enduring Powers of Attorney.


Strategic Plan 2009-2011


and guardianship; enduring powers of attorney and enduring guardianship; and consent to medical and dental treatment. OPA supports three volunteer ..


Applications - The Guardianship Tribunal


guardianship; financial management; consent to medical and dental treatment; approval of clinical trials; reviews of enduring powers of attorney ..


Aged Care Australia - help staying at home - Power of attorney


Powers of attorney can be used for almost any purpose, including .. an enduring power of attorney or appoint an enduring guardian for this ..


How To Use This Kit


by L BRARlANWhat is the difference between Enduring Powers of Attorney and. Enduring Powers of Guardianship ? Making an Enduring Power of Guardianship is different ..


Guardianship Tribunal


Reviewing enduring powers of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. Reviewing enduring guardianship appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ..


Enduring Guardian's Handbook


A guardian is one of a range of substitute decision makers available under legislation. Other examples include: enduring powers of attorney, ..


Jehovah's Witnesses and Blood Transfusions


(E) Use of medical powers of attorney, enduring guardianship and hospital liaison committees in the jehovah's witnesses' community. The Jehovah's Witness ..


Enduring Power of Attorney Information Kit


give people a basic understanding of enduring powers of attorney and to assist them .. powers of guardianship visit the Office of the Public Advocate's website – ..


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What should be done with the Enduring Power of Attorney (financial) form when it is completed? Enduring powers of attorney are not registered ..


The Guardianship Tribunal - TITLE


[Section 8, Powers of Attorney Act 2003 (NSW)]. PLEASE .. Note: This form can be used to make a general power of attorney or an enduring power of attorney.


GOVERNMENT RESPONSE TO THE PARLIAMENT OF VICTORIA ..


power of guardianship (in the Report proposed in future to be called 'enduring powers of attorney (guardianship)'). This allows the representative to make a ..


HOW IS AN ENDURING GUARDIAN APPOINTED? - Law Handbook


An enduring guardian can only be appointed by a person who is over .. are clear regarding the enduring guardianship powers and aware as to ..


Enduring Guardianship in NSW - Lawlink NSW - NSW Government


- (A separate Information Sheet is available about Enduring Powers of Attorney). A guardian can only consent to medical and dental treatment that will promote or ..


Enduring Powers of Attorney - Office of the Public Advocate, Victoria ..


Learn to conduct a training session on enduring powers of attorney and guardianship. Recommended for: Professionals working in health and community ..


V icto rian L eg islatio n an d P arliam en tary D o cu m en ts


Instruments (Enduring Powers of Attorney) Act .. Role of attorney where guardian appointed. 12 .. Amendment of Guardianship and Administration Act 1986. 29 ..


August 07.indd


application to the Guardianship Tribunal. Relationship with powers of attorney. Enduring guardianship is about personal and lifestyle decision-making whereas ..


Guardianship Regulation 2010


enduring guardian), 33 (1) (definitions of major treatment and special .. (a) an enduring power of attorney made under the Powers of. Attorney ..


Forms — Office of the Public Advocate, Victoria, Australia


Powers of attorney .. Enduring Power of Attorney Financial Form (PDF 124KB) .. Enduring Power of Guardianship Form (PDF 125KB) ..


Enduring Power of Attorney


An Enduring Power of Attorney (EPA) is a legal agreement that enables a person to .. Information Sheet 8: Enduring Powers of Attorney. pdf ..


Frequently Asked Questions - Public Advocate


If I make an Enduring Power of Attorney (EPA) and an Enduring .. is not an eligible authorised witness for Enduring Powers of Guardianship.


Planning for the Future - People with Disability


The Public Guardian is the guardian for people who may have .. dentist, review enduring powers of attorney, review an enduring guardianship ..


Guardianship Regulation 2010 - NSW Legislation


Jump to ý: (a) an enduring power of attorney made under the Powers of Attorney Act 2006 of the Australian Capital Territory, ..


When someone can't consent


Where both an enduring guardian and medical power of attorney have been .. For guidance on completing Medical Powers of Attorney and ..


Older people and the law


Relevant state and territory legislation provides for guardianship tribunals to review, revoke or reinstate enduring powers of attorney and ..


HOW IS AN ENDURING GUARDIAN APPOINTED? - Law Handbook


An enduring guardian can only be appointed by a person who is over .. or in relation to the exercise of, the powers conferred in this instrument: ..


Powers of Attorney Act 1998


Relationship with Guardianship and Administration Act 2000 . . . 11. Chapter 2. Powers of attorney other than enduring powers of attorney ..


Abuse of elders must stop - Department of Family and Community ..


.. in relation to Powers of Attorney and Enduring Guardianship issues. .. as a Power of Attorney or Enduring Guardianship is being promoted ..


Short form - Department of Justice and Attorney-General


Power of attorney is the legal power to make decisions on someone else's behalf. 'Enduring' simply means that the power continues even if the person giving it .. Guardian for personal/health matters, or the Public Trustee or a trustee company ..


Aging, inheritance and death


power of attorney, contract, enduring guardian appointment. .. Powers of Attorney – for financial and other non-health decisions – capacity is a big issue.


Connections


The right to establish Enduring Powers of Attorney, Enduring Guardianship, make testamentary provision, establish trusts, appoint an executor, have your estate ..


TYPES OF POWERS OF ATTORNEY


A power of attorney is a document that gives a person (called either the donee, attorney or appointee) .. See Enduring Powers of Guardianship.


Power of attorney - find LEGAL answers


Title: Powers of attorney in NSW. Author .. Author: Guardianship Tribunal NSW .. making a will, power of attorney and enduring guardianship.


INFORMATION AND SUPPORT SERVICE Community Education


Planning ahead: Enduring guardianship, Wills and Enduring Powers of Attorney. • Person responsible and medical and dental consent. • The role of the Public ..


Principles guiding the Tribunal The Guardianship Tribunal must ..


- review enduring powers of attorney and enduring guardianship appointments. • provide consent for medical and dental treatment, and. • approve a clinical trial ..


Scanned Document


making and they promote 'Lasting Power of Attorney' (similar to NSW 'Enduring Guardianship' and 'Enduring Power of Attorney'). Their model of substitute ..


Guardianship Amendment (Interstate Enduring Guardians ..


enduring guardians appointed in other States and Territories. The object of this .. of the Powers of Attorney Act 1956 of the Australian. Capital Territory, ..


aclved Mi"?/wa Elder Rights Advocacy


other form could relate to enduring powers of attorney (financial), enduring powers of guardianship and enduring powers of attorney (medical treatment).


RESPONSE TO THE DISCUSSION PAPER: LIVING WILLS: OPASA


Enduring

Power Of Attorney (Powers of Attorney and Agency Act 1984),. Enduring Power of Guardianship (Guardianship and Administration Act 1993),. Medical ..


Can your adult patient CONSENT?


An agent - appointed with enduring powers of attorney (medical treatment). 2. A person .. An enduring guardian - appointed with health care powers. 5.


Training - Public Advocate


Topics covered include the principles and workings of the guardianship and administration system, Enduring Powers of Attorney, Enduring ..


Guardianship - Tasmania Online


The Guardianship and Administration Board is an independent statutory .. Includes information on enduring guardianship, and enduring powers of attorney ..


applications to the - Guardianship and Administration Board


Review of Enduring Powers. What do you wish to apply for? Review Enduring Power of Attorney. A, B1 and E. Review of Enduring Guardian by the Board ..


fact sheet one - Guardianship and Administration Board


reviews guardianship orders, administration orders and enduring powers of attorney. - registers enduring guardianships. - determines applications for statutory ..


Guardianship and Administration Board


whether to revoke or otherwise declare invalid any and all powers of attorney and appointments of enduring guardianship in respect of Mr. K.S.L.Q. 3. A division ..


GUARDIANSHIP AND ADMINISTRATION ACT 1990


Recognition of powers of attorney created in other jurisdictions 104B. Substitute .. Notice of application PART 9A -- Enduring powers of guardianship Division 1 ..


POWERS OF ATTORNEY ACT 1998


Relationship with Guardianship and Administration Act 2000 CHAPTER 2--POWERS OF ATTORNEY OTHER THAN ENDURING POWERS OF ATTORNEY Part ..


Guardianship Act 1987 GUARDIANSHIP REGULATION 2000 ..


Resignation of appointment as enduring guardian 5B. .. power of attorney made under Part 2 of Chapter 3 of the Powers of Attorney Act 1998 of Queensland, ..


12008.1 Powers of Attorney and Guardianship Made Easy - College ..


Topics covered: Powers of Attorney. Enduring Powers of Attorney. Enduring Guardianship. Advanced Care Directives. Presented by: Maria Tzannes Consultant ..


GUARDIANSHIP AND ADMINISTRATION ACT 1986


Powers of inspection PART 4-GUARDIANSHIP ORDERS Division 1-Application for .. Enduring powers of attorney under the Instruments Act 1958. 86A.


O'Neill, Nick; Peisah, Carmelle --- "Chapter 1 - Capacity .. - AustLII


..

executing a power of attorney, will or deed; appointing an enduring guardian or .. as attorneys under (enduring) powers of attorney or as enduring guardians ..


O'Neill, Nick; Peisah, Carmelle --- "Preface" [2011 .. - AustLII


These chapters deal with enduring guardianship and enduring powers of attorney respectively. They too cover the legislation in all those States and Territories ..


O'Neill, Nick; Peisah, Carmelle --- "Title Page and Table of Contents ..


by N O’NeillChapter 9 – Enduring guardianship. Chapter 10 – Enduring powers of attorney. Part 4 - Substitute decision-making for the medical treatment of incapable people ..


O'Neill, Nick; Peisah, Carmelle --- "Chapter 5 - The Development of ..


These included enduring powers of attorney, enduring guardianship, substitute decision-making for medical and dental consent and end of life decision-making.


Free Legal Services / The University of Newcastle Legal Centre ..


Debt; Family law; Victim's compensation; Employment; Criminal law; Discrimination; Wills, powers of attorney, enduring guardianship; Motor ..


O'Neill, Nick; Peisah, Carmelle --- "Chapter 13 - Advance Directives ..


Queensland – Powers of Attorney Act 1998 and Guardianship and .. Australia this can be done by appointing an enduring guardian and giving them directions, ..


Guardianship Act 1987 GUARDIANSHIP REGULATION 2010 ..


Revocation of appointment of enduring guardian 7. .. are prescribed: (a) an enduring power of attorney made under the Powers of Attorney Act ..


INSTRUMENTS (ENDURING POWERS OF ATTORNEY) BILL 2003


11 125F. Role of attorney where guardian appointed 12 125G. .. References to enduring powers of attorney 25 Subdivision 2--Approval of Forms 26 125ZL.


POWERS OF ATTORNEY ACT 2003 - SCHEDULE 2


[To be used for enduring powers of attorney only. .. The principal should appoint an enduring guardian under the Guardianship Act 1987 if the principal wants a ..


Monash Oakleigh Legal Service - Monash University


Powers of Attorney and Guardianship allow you to appoint someone to .. Enduring Powers of Attorney continue to have effect until you die, until ..


INSTRUMENTS (ENDURING POWERS OF ATTORNEY) BILL 2003 ..


recognises enduring powers of attorney validly made in other States and .. where a decision made by a guardian or enduring guardian appointed under the ..


POWERS OF ATTORNEY ACT 2003 - As at 19 May 2010 - Act 53 of ..


Recognition of enduring powers of attorney made in other States and Territories .. References of questions of law to Supreme Court by Guardianship Tribunal ..


POWERS OF ATTORNEY ACT 1956


Protection of purchaser under irrevocable power of attorney 11. Effect of registration of powers of attorney 12. Enduring powers of attorney 13. Guardianship and ..


Bells of Change – NSW Trustee and Guardian


The advent of enduring powers of attorney and enduring guardianship has been a tremendous asset, providing people with a choice. Equally they have been ..


Guardianship Amendment (Interstate Enduring Guardians ..


enduring guardians appointed in other States and Territories. The object of this .. of the Powers of Attorney Act 1956 of the Australian. Capital Territory, ..


GUARDIANSHIP ACT 1987 - As at 13 September 2011 - Act 257 of ..


Ancillary powers of enduring guardian 6G. ... appointed attorney by the person to whom the application relates under a power of attorney that is in force, (f) the ..


12025.6 The Essential Guide to Powers of Attorney and Guardianship


Irrevocable Powers of Attorney; Capacity; Forms and Aspects of Drafting. Enduring Guardianships. Limitations; Method of Appointment; Execution Requirements ..


ADVANCE DIRECTIVES - BENEFITS & LIMITS Dying in Australia ..


Microsoft Powerpoint - Guardianship Act 1987 allows appointment of Enduring Guardian whose functions can include consent to medical treatment. Powers of Attorney Act 1998 allows ..


INSTRUMENTS ACT 1958


Regulations PART XIA-ENDURING POWERS OF ATTORNEY Division 1-Introductory 114. .. Role of attorney where guardian appointed 125G. Role of attorney ..


Lecturer Susan Field | University of Western Sydney (UWS)


Substitute Decision Making, including, but not limited to, powers of attorney (general and enduring), financial abuse, enduring guardianship ..


UNSW Continuing Legal Education Elder Law and Retirement ..


Enduring Guardianship

appointments • Enduring Guardianship and Advance Care Directives • Enduring powers of attorney • Reviews of enduring appointments ..


O'Neill, Nick; Peisah, Carmelle --- "Chapter 2 - Decision Making and ..


The courts or the guardianship tribunals are often called on to intervene .. to execute legal documents such as powers of attorney, enduring guardianship and ..


Power of attorney


Power of attorney. Location. Kingsford Legal Centre is located on the ground floor of the Law Building .. of attorney if there are any additional powers or restrictions you wish .. An enduring guardian is someone you choose to make personal or ..


Two steps forward, one step back: advance care planning ..


by M Parker - 2007 - - guardianship), or is deemed to be the decision maker by the relevant statute. .. (b) Enduring Powers of Attorney (EPA) and other provisions for substitute ..


GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991


Appointment and powers of guardians 7A. Appointment of guardians .. Effect on guardian or manager of enduring power of attorney in relation to health 8C.


This file was downloaded from: http://eprints.qut.edu.au/41908/


by L Willmott - 2011 - article on powers of attorney. That inquiry included consideration of enduring guardians appointed under the Guardianship and Administration Act 1986 (Vic), ..


NSW Medical Practitioners Knowledge of and Attitudes to Advance ..


Guardian). Enduring Power of Attorney: Under the Powers of Attorney Act 2003 (NSW) a person can appoint an Enduring Power of Attorney to make financial or ..


Queensland POWERS OF ATTORNEY BILL 1997 Queensland ..


13 CHAPTER 2--POWERS OF ATTORNEY OTHER THAN ENDURING POWERS OF .. 40 4 Powers of Attorney 63 Intervention by adult guardian if dispute or ..


2011 Sydney University Press Law Books Articles


..

The Functions and Powers of Guardians" [2011] SydUPLawBk 9; in Capacity .. Nick; Peisah, Carmelle --- "Chapter 10 - Enduring Powers of Attorney" [2011] ..


HIV Legal.indd


Enduring powers of attorney ............................................................................18. 7.3. Enduring guardians under section 25 ..


Enduring documents : improving the forms, improving the outcomes ..


by C Tilse - 2011 Since the introduction of Enduring Powers of Attorney (EPAs) and Advance .. and Attorney-General (DJAG) convened a Practical Guardianship ..


Solicitors and enduring documents: current practice and best ..


by L Willmott - 2008Queensland's guardianship legislation requires that a witness to an enduring .. Keywords: Adult guardianship law, Enduring powers of attorney, Assessment of ..


POWERS OF ATTORNEY ACT


Definitions PART II--POWERS OF ATTORNEY GENERALLY 6. Execution .. Proof of instruments creating powers PART III--ENDURING POWERS OF ATTORNEY 13. Enduring .. Effect of Adult Guardianship Act PART V--MISCELLANEOUS 22.


Advance Directive to Withhold Life-Sustaining Medical Treatment ..


by L Willmott - 2007 - be guardian of Maria Korp; the Advocate later making a decision to withdraw her .. 6 Medical Treatment Act 1988 (Vic); Powers of Attorney Act 1998 (Qld); .. he or she must also have the necessary capacity to complete an enduring power of ..


Planning ahead Money matters Enduring Power of Attorney Early ..


a document called an enduring power of attorney if they are .. people have enduring powers of attorney regardless of .. The Public Advocate or Public Guardian ..


UNDERSTANDING YOUR LEGAL RIGHTS


pursuant to the Powers Of Attorney. Act 2003 or the general law and appointing an Enduring Guardian under the Guardianship Act. These are simple documents ..


Whitehead, Peter --- "Powers of Attorney Reform in NSW" [2004 ..


by P WHITEHEADSection 22 of the Act brings dealings by attorneys of enduring powers of attorney into line with similar .. The Act gives wide powers to the Guardianship Tribunal.


On Capacity - Promoting structured pro bono by


wills, powers of attorney and enduring guardianship. ▪ early access to superannuation and disability benefits. ▪ mortgages, credit and debt. ▪ welfare rights and ..


GUARDIANSHIP AND ADMINISTRATION BOARD (AMENDMENT ..


New Division 4A inserted 11 Division 4A--Appointment of Enduring Guardian 11 33A. .. Saving provision for existing enduring powers of attorney 32 ii 531218B.


Conflict transactions in the guardianship system


by B White - 20081 Powers of Attorney Act 1998 (Qld), s 66(1) and Guardianship and Administration .. KAA is an 88-year-old man who executed an Enduring Power of Attorney ..


POWERS OF ATTORNEY ACT 1956 - NOTES


Enduring powers of attorney

s 12 om 1957 No 15 ins 1989 No 15 am 1992 No 5; ss renum R6 LA. Guardianship and consent to medical treatment under ..


POWERS OF ATTORNEY ACT 2003


Recognition of enduring powers of attorney made in other States and Territories .. References of questions of law to Supreme Court by Guardianship Tribunal ..


POWERS OF ATTORNEY BILL 2003 Explanatory Notes


attorney, (vii) the expansion of the jurisdiction of the Guardianship Tribunal and. Supreme Court to deal with enduring powers of attorney and issues ..


Older-person-centred mediation project industry partners


She has extensive knowledge of advance directives such as Enduring Powers of Attorney and Enduring Powers of Guardianship and of the ..


GUARDIANSHIP AND ADMINISTRATION ACT 2000


Relationship with Powers of Attorney Act 1998 9. .. of titles if appointment concerns land Part 2--Relationship between appointment and enduring document 22.


QUT | Staff Profiles | Ben White



Associate Professor - Faculty of Law, Law SchoolAdult Guardianship Law, Advance Care Planning, Consent To Medical Treatment, .. to enduring powers of attorney and advance health directives', 2005–2006, ..


POWERS OF ATTORNEY ACT 2006 (NO 50 OF 2006)


Limit on s 13 power to appoint attorneys—enduring powers of 15. Authorisation of .. Guardianship tribunal directions etc for enduring powers of attorney 76.


Recent Sydney University Press Law Books Articles


..

Nick; Peisah, Carmelle --- "Chapter 10 - Enduring Powers of Attorney" [2011] .. Carmelle --- "Chapter 9 - Enduring Guardianship" [2011] SydUPLawBk 11; ..


O'Neill, Nick; Peisah, Carmelle --- "Chapter 12 - Substitute Consent ..


Special powers under the Mental Health Act 1996 (Tas) of persons responsible and the Guardianship and Administration Board .. Seeking and obtaining substitute consent to health care – from the guardian, attorney or statutory health attorney; 12. 7. 8. ... That enduring guardian will then become their person responsible.


Structuring Your Assets for Retirement Centre for Continuing ..


..

my death? Does your will deal with your superannuation benefit? Binding and non binding death nominations; Powers of attorney; Enduring Guardianship ..


respect my decisions:


related decisions, an Enduring Guardian to make health and lifestyle decisions or to make an. Advance Health Care .. How is an Enduring Power of Attorney Different to an Enduring Guardian? Under an ... You should specify what powers ..


Planning for the Future: Arrangements for the Assistance of People ..


by A Economics - - trusts, wills, enduring powers of attorney, or pension 'nominee' provisions); .. as through private enduring powers of personal guardianship, adult guardianship ..


UQ researchers help formulate Powers of Attorney Bill


The Powers of Attorney Bill 1997 covers general power of attorney, enduring .. financial and property matters, enduring powers of attorney for personal care and health care, and will also establish the Office of Adult Guardian.


O'Neill, Nick; Peisah, Carmelle --- "Chapter 14 - The Proper Practice ..


Formally appointing an enduring guardian giving them lawful directions about ... under the Powers of Attorney Act 1998 (Qld), to withhold or withdraw one or ..


GUARDIANSHIP AND ADMINISTRATION ACT 1995


Expiration of guardianship orders Division 3 - Powers and duties of guardian 25. 25. .. Administration order to prevail over enduring power of attorney 54. 54.


ACTS AMENDMENT (CONSENT TO MEDICAL TREATMENT) BILL ..


Parts 9A to 9D inserted 8 Part 9A -- Enduring powers of guardianship .. 15 to provide for enduring powers of attorney, enduring powers of guardianship and ..


Guardianship Regulation 2005


which a person may resign as an enduring guardian, and. (b) prescribes .. Powers of Attorney Act 1956 of the Australian Capital Territory, ..


GUARDIANSHIP AND ADMINISTRATION ACT 1993


Appointment of enduring guardian 26. Revocation of appointment by Board 27. Special powers to place and detain etc mentally incapacitated person PART ..


Whitehead, Peter --- "A Review of the Response of the Courts and ..


by P WhiteheadIn NSW, the Supreme Court and the Guardianship Tribunal have made it very .. The nephew held his uncle's general (not enduring) power of attorney and had .. People must expect to be able to treat donees of powers of attorney as prima ..


O'Neill, Nick; Peisah, Carmelle --- "Chapter 7 - The Functions and ..


The function or powers given to guardians and the duties that go with them. 7. 2. ... an enduring power of attorney which gives the attorney powers in relation to ..


ELECTRONIC TRANSACTIONS REGULATIONS 2011 - REG 5 5 ..


(b) a requirement or permission relating to enduring guardians or powers of attorney; or. (c) a requirement that information or a document be delivered only by ..


14 Elder Law:CLE


The Tribunalʼs jurisdiction. • Enduring Guardianship appointments. • Enduring Guardianship and Advance Care. Directives. • Enduring powers of attorney ..


POWERS OF ATTORNEY ACT 2003 - SECT 19 Creation of ..


(1) An instrument that creates a power of attorney creates an "enduring power .. an employee of the NSW Trustee and Guardian or a trustee company within the ..


The role of the Medical Treatment Act and the Guardianship and ..


and the. Guardianship and Administration Act in end of life .. Enduring power of attorney (medical treatment). 2. Person .. forms e.g. Enduring Powers go to ..


UTS: 79026 Estate Planning (UG) - Law, UTS Handbook


Planning for declining capacity and deteriorating health; Powers of Attorney; Enduring Guardianship; Testamentary Capacity and Undue Influence. ESTATE ..


QUT | Staff Profiles | Lindy Willmott



Professor - Faculty of Law, Law SchoolFor six years, Lindy was a part-time member of the Guardianship and .. to enduring powers of attorney and advance health directives', 2005–2006, Legal ..


POWERS OF ATTORNEY ACT 2003 - SECT 35 Who are interested ..


POWERS OF ATTORNEY

ACT 2003 - SECT 35. Who are interested .. (ii) an enduring guardian of the principal under the Guardianship Act 1987 ,. (d) any other ..


1 Guardianship and Administration and Other Acts Amendment Bill ..


The same definition also appears in the Powers of Attorney Act 1998. Section 65 of the Guardianship and Administration Act 2000 sets out a hierarchy for ..


Groves, M --- "Adeptly Avoiding Ademption" [2010] UMonashLRS 2


PRECEDE: When a power of attorney is used to sell the home of an elderly .. the authority of an enduring power of attorney".19 Second, testamentary gifts .. and only to dispositions made by the exercise of guardian powers.


ACTS AMENDMENT (ADVANCE HEALTH CARE PLANNING) BILL ..


Parts 9A to 9D inserted 8 Part 9A -- Enduring powers of guardianship Division .. for enduring powers of attorney, enduring powers of guardianship and advance ..


Enduring documents


by C Tilse - 2011Enduring Powers of Attorney and Advance Health Directives. Members of this group were .. from DJAG Practical. Guardianship Initiatives Working Party .


WILL YOU DO AS I ASK? COMPLIANCE WITH INSTRUCTIONS ..


by BEN WHITE - governed by a legislative scheme comprised of the Powers of Attorney Act 1998 (Qld) .. thank Ms Paula Scully, the Adult Guardian, for her input. .. Some of these requirements apply generally to "enduring documents" of which an advance ..


This file was downloaded from: http://eprints.qut.edu.au/41645/


by L Willmott - 2011 - advance directive or has appointed an attorney under an enduring power of .. In Queensland, the Powers of Attorney Act 1998 (Qld) and the Guardianship and ..


Carney, Terry --- "Challenges to the Australian Guardianship and ..


by T Carney - - The Australian tribunal model of adult guardianship forged in the 1980s proved to be a ... Carney, T, 'Abuse of Enduring Powers of Attorney - Lessons From the ..


kingsford legal centre eBulletin spring 2009


Presentations were on powers of attorney, enduring guardianship, family and finance and the aged pension. The forum was very successful with over 70 people ..


GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 9 9 ..


GUARDIANSHIP

AND ADMINISTRATION ACT 2000 - SECT 9. 9 Range of substitute decision-makers. (1) This Act and the Powers of Attorney Act 1998 ..


O'Neill, Nick; Peisah, Carmelle --- "Chapter 4 - Capacity to Make a ..


It is essential to the exercise of such a power that a testator shall understand the ... guardian, and who the enduring attorney and the enduring guardian are.


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EG – Enduring Guardian. EPA – Enduring Power of Attorney. FaHCSIA ... provided information on issues such as Wills, Powers of Attorney, Guardianship, family trusts, housing ... Attorney, Enduring Guardianship and testamentary trusts.


POWERS OF ATTORNEY BILL 1997 Explanatory Notes


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Powers

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ESTATE PLANNING


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..

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This file was downloaded from: http://eprints.qut.edu.au/41643/


by BP White - 2011 - appointed by the adult). Enduring guardian. Attorney. Agent or enduring .. determining whether a possible decision-maker possesses the legal power to make ..


THE LIMITS AND THE SOCIAL LEGACY OF GUARDIANSHIP IN ..


by T CARNEY - - extend to personal guardianship matters: Enduring Powers of Attorney, supra n 28 para. 48. In New Zealand specific provision is now made for such private ..


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POWERS OF ATTORNEY ACT 1998 - SECT 5 5 General overview


(a) general powers of attorney, enduring powers of attorney or advance .. Also, see the Guardianship and Administration Act 2000, section 66(5) (Adult with ..


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(1) The adult guardian has a right to all information necessary to investigate a complaint or allegation or to carry out an audit. .. In addition, the Powers of Attorney Act 1998, section 81 (Right of attorney to .. (b) an enduring power of attorney; or ..


ftp://cleo. murdoch. edu. au/pub/elaw/issues/v7n4/kendall74a. txt ..


by CN Kendall+ When does the Enduring Power of Attorney come into effect? .. + Where is the Office of the Public Guardian and the Board? .. o Appendix C: Sample Last Will and Testament o Appendix D: Enduring Powers of Attorney * Notes Introduction 1.


The legislation that is being viewed is valid for Sessional ..


Rich Text Format - in so far as it relates to the functions and powers of the Guardianship and. Administration Board in relation to enduring powers of attorney (otherwise ..


Jackson, Les --- "Elder Abuse and Queensland Legislation" [2003 ..


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POWERS OF ATTORNEY ACT 2000 (NO. 68 OF 2000)


Revocation of unregistered power of attorney PART 4 - Enduring Powers of Attorney 30. Creation and .. Guardianship and Administration Act 1995 amended 62.


Acts Amendment (Consent to Medical Treatment) Act 2008 - 00-00-01


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Deakin Research Online


by D Mendelson - 2012 - legal capacity, an authorised third party – usually a close relative,2 a legal guardian, an agent with enduring powers of attorney,3 or a judge acting under parens ..


Rethinking Life-Sustaining Measures: Questions for .. - QUT ePrints


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Financial abuse and older people with impaired capacity:


by AL McCawley - - presentation given to the Guardianship and Administration Committee about older people, asset management and Enduring Powers of Attorney, May, Brisbane.


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The Schiavo Decision: Emotional, but Legally Controversial?


by L Willmott - 2006 - Powers of Attorney Act 1998 (Qld) (the 'PAA') and Guardianship and Administration ... enduring power of attorney75 or under an advance health directive.76 ..


Atkin, Bill --- "The Elderly, The Law and Accomodation ..


by B AtkinOn the other hand, the appointment of a welfare guardian is a fairly drastic step and .. Enduring powers of attorney (powers that operate beyond the onset of the ..


GUARDIANSHIP AND ADMINISTRATION ACT 1995 - SECT 65 65 ..


(a) the Public Guardian as his or her guardian; or .. who is the donor of an enduring power of attorney in force under Part 4 of the Powers of Attorney Act 2000, ..


Howard, Michelle --- "Principles for substituted decision-making ..


by M HOWARD - In Queensland, the Guardianship and Administration Act 2000 (Qld) (GAA) and the Powers of Attorney Act 1998 (Qld) (PAA) (collectively referred to as the ..


Speech - Protecting the vulnerable - John Billings (PDF130KB) (12 ..


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Untitled - Careers Online - University of Melbourne


wills, powers of attorney and enduring guardianship. Other information: Also provides community education, rural outreach, student training. Participates in ..


ep guide only final 18_11_10


o Powers of attorney o Enduring guardianship o Testamentary capacity and undue Influence. •. Topic 9: Estate planning in action o Delivering estate planning ..


Newell, Steven --- "The Aged-care Rights Service including The ..


by S NewellOPLS solicitors can provide legal advice and assistance in relation to Powers of Attorney and Enduring Guardianship issues. The new service will also provide ..


This file was downloaded from: http://eprints.qut.edu.au/45773/


by T Cockburn - 2011 - When an elder has impaired capacity, the guardianship jurisdiction in each State or .. "Enduring Powers of Attorney – Common Problems and Emerging Issues" ..


Tilse, Dr. Cheryl; Setterlund, Dr. Deborah; Wilson, A/Professor Jill ..


by A ProvidingThe Guardianship and Administration Act 2000 (Qld) provides for assistance and .. Enduring Powers of Attorney (EPAs) were the predominant area for advice ..


DOWNING CENTRE COURTS 2010


For more information about Powers of Attorney, these links can assist: Public Trustee website. Guardianship Tribunal website. Enduring Guardianship ..


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THE EXTENSION OF THERAPEUTIC JURISPRUDENCE TO ..


by J MADISON - enduring powers of attorney and advance directives. 1 ... enduring guardian.83 For the purposes of this article it will be referred to as an advance directive.


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30th birthday edition


housing for international students; FOI & police powers; commonwealth matters like stolen .. Power of Attorney/Enduring Guardianship Clinic - Clayton Utz ..


Lawful withdrawal: withholding and withdrawing life-sustaining care


by L Willmott - 2004Ms Paula Scully - Adult Guardian . Dr Colleen .. from the websites of the Adult Guardian and the. Department of .. Enduring Powers of Attorney. Advance ..


PRINCIPLES FOR SUBSTITUTED DECISION-MAKING ABOUT ..


by M Howard - 2006 - Guardianship and Administration Act 2000 (Qld) ss 7-8; Powers of Attorney Act .. where the adult made an enduring document/s appointing an attorney for the ..


PROTECTED ESTATES ACT 1983 - SECT 76 Powers of attorney


(5A) Despite subsection (5), if the Guardianship Tribunal, in making a .. that this section extends to interstate enduring powers of attorney within the meaning of ..


The Executive Director Australian Law Reform Commission GPO ..


by G Marcus - 2011 - such as under powers of attorney or enduring guardianship? No comment. Question 30. In what ways, if any, can information about and access to Crisis ..


O'Neill, Nick; Peisah, Carmelle --- "Chapter 16 - Capacity to Consent ..


The Adult Guardian is the default statutory health attorney for the incapable ... Guardians, attorneys under enduring documents and statutory health .. Who is a statutory health attorney is set out in the Powers of Attorney Act 1998 (Qld) s 63.


MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 4 4 Definitions


1 An attorney acts under an enduring power of attorney under the Powers of Attorney Act .. 2 A guardian or an administrator acts under the Guardianship and ..


White, Ben and Willmott, Lindy --- "Will You Do As I Ask ..


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(b) if the person does not have an administrator—an attorney for a financial .. under an enduring power of attorney under the Powers of Attorney Act 1998; or .. for a matter within the meaning of the Guardianship and Administration Act 2000.


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by D Cripps - - Advocates of the Aged Rights Advocacy Service frequently work with lawyers from .. including: wills and estates, Enduring Powers of Attorney or Guardianship, ..


Professor Terry Carney - Sydney Law School - The University of ..


Carney, T & Tait, D, The Adult Guardianship Experiment: Tribunals and ... Carney, T, 'Abuse of Enduring Powers of Attorney ¾ Lessons From ..


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2.4 - Powers of Attorney Act 2003 No 53. [1] Section 24 Effect of disposal of home shared by spouses under enduring power of attorney in cases of intestacy .. 2.6 - Testator's Family Maintenance and Guardianship of Infants Act 1916 No 41 ..


REFUSING ADVANCE REFUSALS: ADVANCE DIRECTIVES AND ..


ing error when enacting Queensland's guardianship regime (comprised of the Powers of Attor- ney Act 1998 (Qld) and the Guardianship and ..


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6 PART 2--AMENDMENT OF GUARDIANSHIP AND ADMINISTRATION ACT 2000 3 .. 13 PART 3--AMENDMENT OF POWERS OF ATTORNEY ACT 1998 22 Act .. insert-- 8 `(ii) attorneys; 9 (iii) enduring documents; 10 (iv) related matters;'.


Refusing advance refusals: advance directives and life-sustaining ..


by L Willmott - 2006 - - ing Queensland's guardianship regime (comprised of the Powers of ... by the adult under an enduring power of attorney, as opposed to an ..


2011 Sept - December booklet.indd


Powers of Attorney and Guardianship Made Easy, Tuesday 22 November ................ 22. Mandatory CPD Components. Rule 42 of the Law Society ..


DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 ..


Court may set aside a summons Division 2--Powers of court and magistrates to ... is acting under another Act for the aggrieved-- (a) if the person is a guardian for a .. attorney under an enduring power of attorney under the Powers of Attorney ..


PROPERTY MANAGEMENT ORDERS IN THE MENTAL HEALTH ..


by F BEAUPERT - - The Guardianship and Administration Act 2000 (Qld) provides for advance directives, decision assistants or enduring powers of attorney and prefers extra-legal ..


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The Adoption of the UNCITRAL Model Law of Arbitration [Search ]

 


The Adoption of the UNCITRAL Model Law of Arbitration [1987] HKLRC 3 ..

 



GUARDIANSHIP AND ADMINISTRATION ACT 1986 - NOTES


The Guardianship and Administration Board Act 1986 was assented to on 3 .. Administration Act 1986 Instruments (Enduring Powers of Attorney) Act 2003, No.


QUT - Withholding and withdrawing life-sustaining medical ..


by Faculty of Law - 2011 Professor Willmott teaches in the area of health and guardianship law, .. and implementation of the Queensland Powers of Attorney Act (1998) for which .. the Advance Health Directive and Enduring Power of Attorney forms.


Wills and Estates - College of Law


Power of Attorney Law Reform in NSW - Peter Whitehead; Recent Cases .. Law Society Guidelines for Enduring Powers of Attorney - Tony Lentini .. Attorney v the Family - Marion Brown; Substitute Decision Making – The Attorney/Guardian v ..


Research Supervisor Profile for Professor Terry Carney - Research ..


Carney, T & Tait, D, The Adult Guardianship Experiment: Tribunals and ... Carney, T, 'Abuse of Enduring Powers of Attorney ¾ Lessons From ..


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Fees for preparation of wills and enduring powers of attorney and providing legal .. of the Guardianship and Administration Act 1990 relating to the represented ..


Groves, M --- "As the Court Wills" [2009] UMonashLRS 7


by M Groves - [8] Accordingly, the grant of a guardianship order may not itself prevent the person to whom the .. a lawyer, guardian, administrator or a person appointed under an enduring power of attorney. .. Powers of the Supreme Court ..


Research Report 1995 - Law:Pre 2001


Henning, T, 'Attorney General's Reference No 2 of 1993; Re Mansell', .. Chalmers, DRC and Dal Pont, G, 'Powers of Trusties', Laws of Australia, .. enduring guardianship', Guardianship and Administration Bill 1995 Report ..


Chapter One INTRODUCTION


communicate the decision in some way [Powers of Attorney Act 1998 (Qld), Schedule 3]. .. called an Enduring Power of Attorney [EPA]. However, the basic .. the Guardianship and Administration Tribunal for appointment as an Administrator ..


UNCOMFORTABLE BEDFELLOWS: QUEENSLAND CRIMINAL ..


by M SHIRCORE - Guardianship and Administration Act 2000 (Qld) s 66A; Powers of Attorney. Act 1998 .. directive or enduring power of attorney, statutory health attorney (this is ..


Dental Clinical Manual


The Adult Guardian is a person appointed by the State under the Powers of Attorney Act 1998. .. under an Enduring Power of Attorney. •. If there is no appointed ..


KINGSFORD LEGAL CENTRE


In preparing for the advice session, Law, Lawyers and Society ... accidents, enduring powers of attorney and .. and enduring guardianship, domestic violence ..


Recent Elder Law Review


..

the Courts and NSW Guardianship Tirbunal to cases of Financial Abuse" [2008] .. Peter --- "Powers of Attorney Reform in NSW" [2004] ElderLawRw 3; (2004) 3 .. "Planning ahead by appointing an enduring guardian" [2002] ElderLawRw 7; ..


Watts, Laura --- "The Canadian Centre For Elder Law Studies" [2006 ..


by ML WattsThe personal participation of our British Columbia Public Guardian and Trustee, .. mortgages, enduring powers of attorney, and capability / capacity research.


The Schiavo decision: emotional, but legally controversial?


by L Willmott - 2006 - 3 Powers of Attorney Act 1998 (Qld) (the 'PAA') and Guardianship and ... under an enduring power of attorney75 or under an advance health directive.76 ..


A DISCUSSION OF 'REGRET' AS A MODEL FOR ETHICAL ..


by MW Sayers - 2006In Queensland, a number of law reforms in respect of both the Guardianship and. Administration Act 2002 (Qld) and the Enduring Powers of Attorney Act 1998 ..


Speech - The Civil and Human Rights Jurisdictions of VCAT (PDF ..


by JS Morris - The guardianship list also makes determinations dealing with enduring powers of attorney – the tribunal has the jurisdiction to revoke, suspend, ..


Interveners or Interferers: Intervention in Decisions to Withhold and ..


by L WILLMOTT - - as he or she may have to endure continued burdensome treatment. .. Guardianship and Administration Act 2000 (Qld) s66 and Powers of Attorney Act 1998 ..


CARE OF TERMINALLY-ILL PATIENTS BILL 2002 Explanatory Notes


The statutory health attorney just referred to is defined by s 62 of the Powers of Attorney .. the adult guardian is the adult s statutory health attorney for the matter.


Re-Mixing'Access','Advocacy','Empowerment'and'Protection': A Case ..


by T Carney - - Guardianship Board, and the Intellectual Disability Review Panel. Finally .. Carne)', T., "Abuse of Enduring Powers of Attorney - Lessons From the Australian Tri- ..


Publications | UNSW LAW


Submission to Attorney-General of NSW on Exposure Draft of DefamationBill, November .. Community Law Reform, Third Report: Enduring Powers of Attorney (1988) .. Report No.52, A.C.T. Community Law Reform, Fifth Report: Guardianship ..


This is the author version of an article published as: Sullivan, Karen ..


by KA Sullivan - 2004 - - Keywords: mental capacity, decision-making, powers of attorney, competency, .. Enduring Guardianship in some jurisdictions; Collier, Coyne, & Sullivan, ..


Interveners or interferers: Intervention in decisions to withhold and ..


by L Willmott - 2005 - - proceedings as he or she may have to endure continued burdensome treatment. .. Guardianship and Administration Act 2000 (Qld) s66 and Powers of Attorney ..


HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 ..


(a) an attorney for the individual under an enduring power of attorney, or. (b) a guardian within the meaning of the Guardianship Act 1987 , or a person responsible .. "parental responsibility", in relation to a child, means all the duties, powers, ..


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Guardianship

List The functions of the Tribunal under the following enabling .. (c) Medical Treatment Act 1988 section 5C (enduring powers of attorney); ..


Sayers, Mark --- "A discussion of regret as a model for ethical ..


by MW SAYERSIn Queensland, a number of law reforms in respect of both the Guardianship and Administration Act 2002 (Qld) and the Enduring Powers of Attorney Act 1998 ..


GUARDIANSHIP ACT 1987 - NOTES


40+ items – Disability Services and Guardianship Act 1987. Does not ..












1987

 


No 262

 


Miscellaneous Acts (Disability Services and Guardianship ..

 


1988

 


No 92

 


Statute Law (Miscellaneous Provisions) Act (No 2) 1988 ..

 



Quarterly Mental Health Consumer, Carer and Community Forum ..


common law, assessment of applicable guardianship and/or substitute decision ... Mental Health Sector Standard63, and in the provisions for Enduring. Powers of Attorney under the Protection of Personal and Property Rights Act 1988 (NZ).


Civil liability issues associated with a "heroin trial" Natasha Cica BA ..


by N Cica - 2004 - enduring power of attorney to make decisions concerning medical treatment: Powers of Attorney Act 1956 (ACT);. Guardianship and Administration Act 1993 ..


KLC AR 2004 (Page 2)


Guardianship for its Over 55's Club. .. The final topic in the series dealt with financial matters, powers of attorney and enduring guardianships in this context.


PUBLIC TRUSTEE AND TRUSTEE COMPANIES LEGISLATION ..


..

is to remove restrictions as to whom the Public Trustee can delegate its powers or .. of mentally disabled persons under the Guardianship and Administration Act .. power to charge for the preparation of wills and enduring power of attorneys, ..


CIVIL AND SOCIAL GUARDIANSHIP FOR INTELLECTUALLY ..


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By Robin Creyke


by I PENSIONERS - 23 For example, the extension of ordinary powers of attorney, a form of agency, to opcratc as enduring power and hence outlast the principal's incompetence, is univers ... the protective Commissioner in New South Wales or guardianship and ..


Does Australia Need A Bill of rights _4_


separation of powers would itself provide the best protection for human .. (1939) 59 CLR 556; Sachter v Attorney-General for the Commonwealth (1954) 94 CLR ..


eCite Browse by Year


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concept of enduring guardianship, Attorney General, Hobart, Not Applicable, ... Chalmers, DRC and Dal Pont, G, Powers of Trusties, Laws of Australia, Law ..


The Medical Journal of Australia


power of attorney, or appoint someone as an enduring guardian, whereby .. powers of attorney are beyond the scope of these guidelines. The ..


Dementia, discourse, difference and denial : "who did I become?"


by J Stirling - 1995Recent changes to the Guardianship Act now specify who can legally .. Organising an Enduring Power of Attorney after dementia has started to run its course is .. 2 Kristeva Julia 1982 Powers ofHorror: An Essay on Abjection Trans Leon S ..


ACTS AMENDMENT (PUBLIC TRUSTEE AND TRUSTEE ..


Financial Institutions Duty Act 1983 amended 61 Division 10 -- Guardianship ... Fees for preparation of wills and enduring powers 15 of attorney (1) Despite ..


QUT - Health Law research area


law at the end of life (guardianship, withdrawal and withholding of medical .. to Clients in relation to Enduring Powers of Attorney and Advance ..


Private Trusts and Succession Planning for the Severely Disabled or ..


by T Carney - 2007 - - private enduring powers of personal guardianship, adult guardianship orders, or well ... a power of attorney, a trust or a will must be legally competent to do so.


KINGSFORD LEGAL CENTRE


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INFORMATION PRIVACY ACT 2009 No. 14 - SCHEDULE 4 ..


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O'Neill, Nick; Peisah, Carmelle --- "Chapter 11 - The Development of ..


She was appointed his guardian by the probate court and immediately asked the ... as unconstitutional for breaching the strict separation of powers in the Florida .. In this case, where L.W. did not execute a living will or power of attorney for ... of enduring guardianship in which he directed his enduring guardian to refuse ..


Nov/Dec 2005 Nov/Dec 2005 - Griffith University


General and Enduring Powers of Attorney;. • The benefits and .. The role and functions of the Guardianship and Administration Tribunal; ..


LAW NEWS


by N Staff - 2003administrative law, tribunals, guardianship and management of property law and on enduring powers of attorney. National Europe Centre. Congratuations to Mr ..


The Health and Well-being of Incarcerated Adolescents


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HEALTH SERVICES (SUPPORTED RESIDENTIAL SERVICES ..


Powers

of authorised officers 16 24. .. the resident's attorney appointed under a power of attorney or an enduring power 10 of attorney to .. property; "resident's guardian" means the resident's 15 guardian appointed under the Guardianship ..


SUCCESSION AMENDMENT (INTESTACY) BILL 2009


22 2.4 Powers of Attorney Act 2003 No 53 23 [1] Section 24 Effect of disposal of home shared by spouses under enduring 24 power of attorney in cases of intestacy .. 3 2.6 Testator's Family Maintenance and Guardianship of Infants 4 Act 1916 ..


EMERGING PATTERNS OF SOCIAL PROTECTION IN AUSTRALIA


planning of affairs through durable ('enduring') powers of financial/property attorney or of personal guardianship (Carney, 1999a), as well as ..


CIVIL PARTNERSHIPS BILL 2011


29 Division 10 Amendment of Guardianship and Administration Act 2000 57 Act .. 32 Division 15 Amendment of Powers of Attorney Act 1998 68 Act amended . ... 8 `Unless there is a contrary intention expressed in the enduring 9 document, ..


Succession Amendment (Intestacy) Act 2009 No 29


2.4 Powers of Attorney Act 2003 No 53. [1] Section 24 Effect of disposal of home shared by spouses under enduring power of attorney in cases of intestacy ..


HEALTH SERVICES ACT 1988 No. 49 of 1988 Version ..


HPV represents the Crown Division 2-General functions and powers 131. ... Advocate appointed under section 14 of the Guardianship and Administration Act 1986; .. the resident's attorney appointed under a power of attorney or an enduring ..


WILLS BILL 1997


Amendment of section 96--powers to refuse applications 37 59. ... that person under an enduring power of attorney; 25 (d) any guardian or administrator of the ..


SUCCESSION BILL 2006


The Court also has extensive powers to make directions under sections 61 and ... if the deceased person had died intestate, (f) any parent or guardian of a minor .. (i) any attorney under an enduring power of attorney made by the deceased ..


Succession Amendment (Intestacy) Bill 2009


Attorneys-General in April 2007. The report ... Maintenance and Guardianship of Infants Act 1916 as in force before its .. 2.4 Powers of Attorney Act 2003 No 53. [1] Section 24 Effect of disposal of home shared by spouses under enduring ..


imageREAL Capture


by E GRANT - 1989 - However, parents and other guardians can give consent to medical, surgical or dental .. own foreseeable periods of incapacity by appointing enduring powers of attorney in relation to property or to personal care and welfare.15 In particular ..


DOMESTIC VIOLENCE LEGISLATION AMENDMENT BILL 2001 ..


..

violence order is made to the Police Powers and Responsibilities Act 2000. ... to include: · a guardian or administrator appointed under the Guardianship and .. or · a person who is acting as an attorney under an enduring power of attorney.


BLANK - Blank Document


In 1995, the Standing Committee of Attorneys General in Australia identified a need to review the existing state laws ... company or the NSW Trustee and Guardian, to undertake this role. ... Powers of Attorney Act 2003; .. 2009, continues to apply to a spouse of a principal under an enduring power of attorney who dies ..


ENDING A POWER OF ATTORNEY


It is also in the Enduring Power of Attorney Kit put out by the Legal .. the Guardianship Board appoints an administraor [Powers of Attorney and ..


Aged Care Australia - for carers and family - Power of attorney


Powers of attorney can be used for almost any purpose, including .. an enduring power of attorney or appoint an enduring guardian for this ..


Take Control — Office of the Public Advocate, Victoria, Australia


Take Control is a kit for making powers of attorney and guardianship. .. an enduring power of attorney (financial) by appointing someone to ..


1 The Victorian Law Reform Agenda: The Reviews of Victoria's ..


guardian of last resort (1730 guardianship cases in 2010/11) .. Victoria has three different kinds of enduring powers of attorney, which allow people to ..


Reps Chapter Appendix Template


Powers of. Attorney Act. 2006. Sec. 89 Recognition of enduring powers of attorney made under .. power of attorney or guardianship document made under the ..


6 June 2011


- AGAC is comprised of the Public Guardians, Adult Guardians and Public .. under enduring powers of attorney or enduring guardianships but it is thought to be a ..


Appendix D – Power of attorney legislation .. - Parliament of Australia


Guardianship

and Management of Property Tribunal. Office of the Public .. 25 Recognition of enduring powers of attorney made in other States and Territories ..


applications to the - Guardianship and Administration Board


Advice or direction sought by Enduring Power of Attorney .. to enduring powers of attorney. DIR B1 .. an Instrument appointing an Enduring Guardian?


General Power of Attorney


Powers of Attorney Act 2003 to do on my behalf anything I may lawfully authorise ... make these decisions you should appoint an enduring guardian under the ..


Guardianship List Guide - Application to Appoint an Administrator ..


Guide to assist you in completing the. Application to Appoint an Administrator, Guardian or to make orders regarding Enduring Powers of Attorney/Guardianship ..


Review to help ensure right decisions are made | Victorian Law ..


The VLRC believes that new guardianship laws should seek to maximise .. existing enduring powers of attorney and enduring guardianship, ..


7.14.0 Administrators, Legal Guardians and Powers of Attorney


7.14.0 Administrators, Legal Guardians and Powers of Attorney. A person .. Enduring Power of Attorney (Financial) – a person is appointed to make financial or ..


Guardianship Act 1987 - NSW Legislation


6F Ancillary powers of enduring guardian ... (e) the person, if any, appointed attorney by the person to whom the application relates under a ..


Submission to the Victorian Law Reform Commission in Response ..


manager' when the appointment is made by VCAT, so applying these to enduring powers of attorney could lead to the appointment of an 'enduring guardian' ..


hi di Guar ans p Tribunal - The Guardianship Tribunal


Reviewing enduring powers of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. Reviewing enduring guardianship appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ..


Guardianship review


Victorian Law Reform Commission – Guardianship: Consultation Paper 10 ... existing enduring powers of attorney and enduring guardianship, where a person ..


Supported Decision-Making: Options for Legislative Recognition


occur through guardianship and administration orders and through the activation of enduring powers of attorney). As the paper makes clear, a range of ..


Members to up the ante on Princes Highway


older people in NSW and assistance in relation to Powers of Attorney and Enduring. Guardianship issues. Planning for later life by putting in ..


POWERS OF ATTORNEY


A power of attorney is a document that gives a person (called either the donee, attorney or appointee) .. See Enduring Powers of Guardianship.


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The Guardianship and Administration Board is an independent statutory .. Includes information on enduring guardianship, and enduring powers of attorney ..


Capacity Guidelines for witnessing EPAs


of Enduring Powers of Attorney .. In an Enduring Power of Attorney, a person ('the .. Guardian. Contact details. Office of the Adult Guardian. PO Box 13354 ..


Advance Care Planning: Who can make which decision?


particular the enduring powers of guardianship or attorney. The very instrument that can protect people's rights can also take them away, if in ..


Information sheet 1_The guardianship and administration system


considers applications for intervention into Enduring Powers of Attorney, Enduring. Powers of Guardianship, Advance Health Directives and treatment decisions ..


NSW Guardianship Tribunal


applications for guardianship and financial management orders and reviews of enduring powers of attorney and reviews of the appointment of enduring ..


Private Administrator's


Enduring Powers of Attorney and Enduring Powers of. Guardianship, please contact: The Office of the Public Advocate. Level 1, 30 Terrace Road. East Perth WA ..


Albury City Council - Legal Services


..

to subsidised professional legal services (e.g. subsidised wills, powers of attorney and enduring guardianship) Download a brochure of their services here.


Enduring Power of Attorney (medical treatment) - FAQs — Office of ..


Enduring powers of attorney are not registered in Victoria. .. The Medical Treatment Act and the Guardianship and Administration Act define ..


Submission DR663 - NSW Trustee and Guardian - Caring for Older ..


AGAC supports a- national and unified approach to "Enduring Powers of Attorney and. Enduring Guardianship. ' Yours sincerely,. imeIda.Dodds '. NSW Trustee ..


Annual Report 2010/11


Sessions also covered topics including guardianship and administration, enduring powers of attorney and the role of the Public. Advocate.


Index of publications — Office of the Public Advocate, Victoria ..


Guide to appoint an Administrator, Guardian or to make orders regarding. Enduring Powers of Attorney/Guardianship (103 KB). Securing their ..


What is capacity? - Office of the Public Guardian : Lawlink NSW


This information is available at the NSW Law Society's website. Please note that Enduring Powers of Attorney are different to Enduring Guardianship.


Powers of Attorney Act 2003 - NSW Legislation


Jump to ý: .. by attorney under enduring .. and Guardian Act 2009 ..


Publication guide requirements Every NSW Government agency is ..


- can participate in them. review enduring guardianship appointments and enduring powers of attorney. provide information to the community through its enquiry ..


Guardianship and Administration Board


The Guardianship and Administration Board is an independent .. Unfortunately the Board sees enduring powers of attorney abused and a ..


Guardianship Tribunal


enduring guardianship appointments and enduring powers of attorney and special medical applications will continue to be determined by a Tribunal of at least ..


Medical/Dental Treatment for Patients Who Cannot Consent


patient under enduring power of attorney (medical .. An enduring guardian appointed .. guardianship, powers of attorney, and consent to medical and dental ..


Information sheet 3_The role of the State Administrative Tribunal


considers applications for intervention into Enduring Powers of Attorney, Enduring Powers of Guardianship, Advance Health Directives and treatment decisions ..


Guardianship review


existing enduring powers of attorney and enduring guardianship, where a person appoints their own substitute decision maker to make decisions on their behalf ..


Guardianship Regulation 2005 - NSW Legislation


Jump to ý: (b) an enduring power of attorney created under section 12 of the Powers of Attorney Act 1956 of the Australian ..


Now You Are A Guardian


attorney acting pursuant to an enduring power of attorney. When is a .. The enduring guardian's powers only come into effect if and when the person making the ..


Responsibilities of an attorney - Department of Justice and Attorney..


Search Justice and Attorney-General .. Enduring power of attorney .. Guardianship forms and publications · The Queensland Government's .. apply the general principles under the Powers of Attorney Act 1998; comply with ..


Powers of Attorney Bill.


The Powers of Attorney bill removes the statutory provisions governing powers of attorney from part 16 .. enduring guardians under the Guardianship Act 1987.


Office of the Public Guardian : About us


Jump to ý: The Public Guardian can .. under an enduring power of attorney.


Annual Report 2010 - 11 - Guardianship and Administration Board


14. Reviews of Existing Orders – Part 9 Guardianship and Administration Act ...................... 15. Applications to Review Enduring Powers of Attorney ..


The Guardianship Tribunal - We welcome your Feedback


We appoint legal guardians and financial managers as substitute .. The Tribunal can review enduring powers of attorney where there is a need to do so in the ..


Information Paper - Summary


Unlike the enduring guardian appointment, the powers of the attorney come into effect as soon as the appointment is made, unless otherwise indicated by the ..


Power of attorney - Department of Justice and Attorney-General


general power of attorney; enduring power of attorney. .. Enduring power of attorney · Guardianship and Administration Act 2000 · Powers of Attorney Act 1998 ..


Inquiry into older people and the law


On that date, members of the Committee requested us to provide further information on enduring powers of attorney legislation in the States ..


Medical consent — Office of the Public Advocate, Victoria, Australia


.. the patient under an enduring power of attorney (medical treatment) .. enduring guardian with appropriate powers appointed by the patient ..


Enduring Guardianship - Office of the Public Guardian : Lawlink NSW


The most common include the appointment of an enduring power of attorney and/or an enduring guardian and the making of an advance care ..


Guardianship & administration


Under the Guardianship and Administration Act 1990, the SAT handles all .. and; considers applications for intervention into Enduring Powers of Attorney (EPA) ..


Take control


and dignity of Victorians with a disability. It provides advice about advocacy, guardianship, powers of attorney. (including enduring guardianship) and consent to ..


vi" It Cit O ~ A


attorneys (financial)? If not, in what circumstances should they differ? Yes. A donor appoints enduring guardians and powers of attorney in the belief that they will ..


WARRINGAH DISABILITY NEWSLETTER No 225 – 16 March 2010


Planning Ahead: Enduring Guardianship, Wills and Powers of Attorney. Reminder: Adult Siblings Group welcomes All. Course Discussion ..


i l l l l


the review of the Guardianship and Administration Act 1986 (Vic) (G&A Act), as .. guardianship laws, powers of attorney laws and medical treatment as these .. confused with the term 'enduring guardian' within the Powers of Attorney laws.


De-identification of decisions for publication - Guardianship and ..


enduring powers of attorney or enduring guardianship, (ii) lands titles, (iii) motor vehicles, or (iv) court proceedings. What are 'particulars [NOT likely] to lead to ..


attorney pursuant to the Powers of Attorney Act 2000. The


Review of enduring power of attorney – dereliction of various duties by attorney – wishes .. the powers of the guardian under the emergency order to decisions ..


HIV/Aids Legal Centre, NSW


..

discrimination, medical issues, employment, immigration, wills, powers of attorney and enduring guardianship. The centre also provides community education, ..


Application to Guardianship List - Office of the Public Advocate ..


another order in relation to an Enduring Power of Attorney; or authorise the Public Advocate ... Attach any available copies of Enduring Powers of Guardianship ..


l aeoenveo r


periodic reports. Need for registration scheme of enduring guardians and financial attorneys. Q23: Should all enduring powers be activated at the same time?


Information - The Guardianship Tribunal


There are different ways in which decisions made by the Guardianship Tribunal about reviews of enduring powers of attorney can be appealed. An appeal is ..


QUESTIONS ON NOTICE


0 How do advance care directives and guardianship or enduring powers of attorney interact? COTA NSW Response: The_Guardianship Act 1987 states thata ..


Form 4 Advance Health Directive


Powers of Attorney Act 1998. (Section 44(2)) ver: 4–9/01/ .. give someone enduring power of attorney to make health-care decisions on your behalf. Note: ... the Guardianship and Administration Act 2000 does not allow an attorney to decide ..


Terms of Reference - Parliament of Victoria - Law Reform


The attorney's powers may start, or continue, after the donor loses capacity to make these decisions him or herself. Guardianship – An enduring ..


Preparing an Advance Health Directive


Enduring Guardian, an Enduring Attorney is not able to make personal, .. you may be attending for assistance with Enduring Powers of Attorney are also ..


1Part 1


24 See Guardianship and Administration. Act 1986 (Vic) div 5A (appointment of enduring guardian); Instruments Act 1958. (Vic) pts XI (powers of attorney) and ..


PRINCIPLES TO BE OBSERVED


Where a guardian or an administrator, the Public Advocate, the .. POWERS OF AN ENDURING GUARDIAN · PRINCIPLES TO BE OBSERVED ..


(TRADING AS "BENETAS") '


That the same terms are used in relation to the powers of attorney, ' guardianship and administration such as "enduring adult guardian'? and. "enduring financial ..


Submission by the Victorian Office of the Public Advocate to the ..


attorneys and enduring guardians in the performance of their powers under EPAs. Such a statement should include the core requirement that attorneys and ..


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Tuesday, 23 May 2017
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