Why make a guardianship application to NCAT?

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

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

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

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