Powers of Attorney & Guardianship in Sydney
Powers of Attorney & Guardianship are significant legal matters that affect many individuals and families in Sydney. At GJA Law, we provide clear, practical advice and tailored services designed to protect your interests. Our approach combines local expertise, transparency in fees, and a commitment to simplifying complex legal processes.
What Are Powers of Attorney & Guardianship?
Powers of Attorney & Guardianship involve specific legal rights and responsibilities that can impact your property, family, or estate planning. We explain the law in plain English and provide practical examples, ensuring you fully understand what is involved. This helps remove uncertainty and allows you to make confident, informed decisions.
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Appointment of an Enduring Guardian
In 1997, the Guardianship Act 1987 (“the Act”) was amended, allowing persons to appoint an Enduring Guardian of their choice.
The Act provides a framework for:
- The powers and functions of Guardians
- The powers of review and intervention of the Guardianship Tribunal and the Supreme Court
What is an Enduring Guardian?
An Enduring Guardian is a person appointed by an adult with capacity (the Appointor) to make lifestyle decisions on the Appointor’s behalf.
The Enduring Guardian can make the following decisions:
- Decide where the Appointor is to live
- Decide what health care the Appointor is to receive
- Consent to certain medical or dental treatment
- Carry out any other function specified in the appointment
How Do I Appoint an Enduring Guardian?
Firstly, consider carefully who you should appoint, as this person will have wide discretion in making decisions about your health and lifestyle. Choose someone you trust and who will respect your views.
An eligible Guardian must:
- Be over the age of 18
- Not be professionally or administratively involved in providing services for you for a fee (e.g., doctor, nurse, psychiatrist)
Steps to appoint an Enduring Guardian:
- Complete and sign a “Form of Appointment.” The Act prescribes this form, and you may add conditions or limitations.
- The Guardian must also sign the form consenting to their appointment.
- An eligible witness must witness all signatures (Solicitor, Barrister, or Clerk of the Local Court). The witness cannot be an appointed Guardian.
- The witness must sign an acknowledgement confirming the Appointor and Guardian signed voluntarily and understood the effect.
Can I Appoint More Than One Guardian?
Yes. You can appoint two or more Guardians:
- Jointly – all Guardians must agree on decisions
- Severally – any Guardian can act independently
- Jointly and severally – Guardians may act together or separately
You can also appoint different Guardians for different functions.
For example:
- One Guardian for medical and dental treatment
- Another Guardian for lifestyle and accommodation decisions
When Does the Enduring Guardianship Begin?
Unlike a Power of Attorney, an Enduring Guardian only begins to make decisions once you have lost capacity.
If you marry or remarry, the appointment of the Enduring Guardian is revoked. A new appointment will be required.
Example
A retired man, diagnosed with Alzheimer’s disease, appoints his son as his Enduring Guardian.
- His son is then authorised to make lifestyle and medical decisions.
- When the retired man loses capacity, his son can step in fully to care for his needs.
Our Services
GJA Law assists Sydney clients with a wide range of Powers of Attorney & Guardianship matters, including:
- Reviewing and drafting contracts or agreements
- Advising on legal rights and obligations
- Negotiating terms or resolving disputes
- Working with agents, financial advisors, or other professionals where necessary
- Managing the process through to completion with accuracy and efficiency
Why Choose GJA Law?
- Clear, practical advice tailored to your situation
- Fixed-fee certainty for common matters and transparent time-costed support for complex issues
- Decades of experience across property, estate planning, and family law
- Early adopters of technology to streamline processes and reduce errors
- A client-focused approach that prioritises your goals and peace of mind
Contact Us
If you are dealing with Powers of Attorney & Guardianship in Sydney, contact GJA Law today. Our experienced lawyers will guide you through the process with confidence and provide the support you need.