Christine Smyth – Blog – DIFFERENCE BETWEEN NSW & QLD – APPOINTMENT OF A GUARDIAN FOR YOUR PERSONAL AFFAIRS

Christine Smyth Blog

Earlier this week I reported on the significant amendments to the NSW Powers of Attorney Act and associated regulations.  It should be noted that the new legislation still only deals with the appointment of attorneys for your financial affairs in NSW.  It does not deal with the appointment of an attorney for your personal matters in NSW.  In NSW they refer to that appointment as a guardian.

In NSW the appointment of a guardian is via a separate appointment under Guardianship Act 1987 (NSW).   Both the NSW Powers of Attorney Act and the Guardianship Act have provisions which recognise interstate appointments of attorneys.  But you must take care to marry up the relevant rights to mutual recognition.  If necessary we recommend you seek advice as to whether the “foreign” appointment is legally enforceable in NSW and importantly to what extent is it enforceable.

When in the throes of a difficult situation people/organisations tend to dismiss what they do not recognise, notwithstanding the legally enforceable rights under the ‘foreign’ document  So if you have any concerns regarding the enforceability of your attorney in NSW we recommend you seek advice from our Inheritance Law team: 55769999

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