Guardianship

Appointing Guardians In Tweed Heads

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At Budd & Piper Solicitors & Conveyancers, we can assist in all matters pertaining to legal guardianship and the appointment of enduring guardian. Based at Tweed Heads, we have worked with countless clients throughout New South Wales and Queensland.

When people can no longer manage their own affairs (for example due to disability, dementia or brain injury), it is helpful if a close family member and/or trusted friend has been appointed as attorney and/or Guardian to make financial/property and personal/health care/accommodation decisions on their behalf.

An attorney, appointed under enduring power of attorney, is authorised to make decisions for a person relating to the management and oversight of their property, assets and finances. A Guardian, appointed under enduring guardianship in NSW, is authorised to make all personal decisions for a person, including those relating to their health care, medical treatment and accommodation. These positions can only be appointed by Queensland or New South Wales Civil and Administrative Tribunal -QCAT or NCAT, and only where the relevant person lacks the necessary mental faculties to make their own decisions. However, it is strongly recommended that you do not wait until you have lost capacity to make your own decisions, to put your affairs in order. It is much better for you to take the initiative, when you are still well and have full capacity, to appoint your chosen attorneys and guardians to those positions, so that you are the one who chooses your decision makers in the event you are not able to make decisions for yourself at some stage in the future. Making an application to QCAT or NCAT for the appointment of financial managers and/all guardians for a person who has already lost capacity is a last resort and the need to do so arises only if the person has not appointed enduring attorneys and guardians whilst they were still capable of doing so.

Dealing with such matters is not always smooth sailing. There can be disputes between family members or friends over who should be appointed and whether they are doing a good job in looking after your best interests. For issues such as these, the trusted team at Budd & Piper Solicitors & Conveyancers is here to assist you.

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Enduring Guardianships NSW

An Enduring Guardian is the person you legally appoint to make decisions about your health, lifestyle and accommodation should it ever arise that you cannot make these decisions for yourself. These health and lifestyle decisions include things such as helping decide living arrangements, what services are provided to you at home or in an aged care facility, and what medical treatment you receive. You might include in your appointment of an enduring guardian, a direction as to how they must carry out their responsibilities, for example, to seek advice from your doctor before making certain decisions. You can also include terms and conditions in the appointment of an enduring guardian in NSW (or an attorney under enduring power of attorney in QLD) giving them legally binding directions regarding end of life care and treatment decisions. An example of this is where you wish to direct your guardian or attorney not to subject you to complex medical intervention or life sustaining measures where you are terminally ill with no prospect of recovery, and you wish to receive pain relief and palliative care only.

Enduring Guardians are not authorised to make any decisions regarding your money or assets, who you vote for in elections, nor arranging marriage on your behalf, nor anything that is against the law or not in your best interests. Regarding medical treatments, Enduring Guardians can neither accept nor reject special treatments, such as those that will prevent you having children, terminating a pregnancy, or new treatments that have not yet been reviewed by medical industry experts.

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Financial Managers NSW

Whereas in most other Australian jurisdictions the term used is ‘administration’, here in New South Wales, the term ‘financial management’ is used.

A Financial Manager is a person appointed by the guardianship tribunal and given the authority to make decisions relating to financial affairs on behalf of a person who is incapable of making such decisions for themselves, and who was legally incapable of appointing someone to do that for them. Financial management decisions can refer to matters relating to bank accounts, investments, paying bills, buying or selling property, and can also include handling legal affairs such as engaging a solicitor to act in court or other proceedings.

It is essential to remember that a Guardian cannot make financial decisions for a person under their guardianship. Financial decisions on behalf of another person can only be carried out by someone with a Power of Attorney or by appointing a Financial Manager/Administrator.

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Since 1927, Budd & Piper Solicitors & Conveyancers has been providing a wide range of trusted legal services in Tweed Heads, Northern New South Wales, and Gold Coast, Queensland. Our scope of services also includes: