There are specific laws relating to incapable
With increasing numbers of people being diagnosed with dementia and other debillitating illnesses, many of us will have the task of managing the affairs of a loved one at some stage. It is often a daunting task. We can offer guidance and support.
Advice for Attorneys and Guardians
Attorneys and guardians have strict obligations and duties. It can also be difficult to determine when someone is no longer capable and when your role begins. If you require assistance, we can help.
Having a financial manager or guardian appointed for someone
If a person lacks the capacity to manage their financial affairs and they have not appointed an attorney to do so, an application can be made to the Guardianship Division of the New South Wales Civil and Administrative Tribunal for a financial manager to be appointed. If you require assistance with preparing the application, we can help.
Similarly, if a person lacks the capacity to decide where they will live or the kinds of medical or health services they will receive and they have not appointed an Enduring Guardian to make those decisions for themselves, an application can be made to the Guardianship Division of the New South Wales Civil and Administrative Tribunal for a Guardian to be appointed. If you require assistance with preparing the application, we can help.
Disputes can sometimes arise with respect to the management of an incapable person's affairs.
If you believe that an Attorney or Guardian is not performing their role adequately or has breached their duties, in certain circumstances an application can be made for their removal and for the appointment of someone else to act in their place.
If you have been accused of acting improperly, we can also help.
If a person lacks the required level of mental capacity to make a will (for example, as a result of an accident, Alzheimer’s disease or advanced dementia) and their will (or the laws of intestacy where the person has not made a will) does not reflect what is likely to have been their wishes, if they had capacity, then in New South Wales, an application can be made to the Supreme Court to make a Will, or a new Will (a “Court-made Will), for that person.