Old Books

Managing an incapable person's affairs

There are specific laws relating to incapable 
persons

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.

Old Books

Disputes can sometimes arise with respect to the management of an incapable person's affairs.

Disputes ​

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. 

Wills 

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.

 

Contact us if you have an enquiry about Court-made Wills.

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Enquiries

For any enquiries, questions or comments, please call:

+61 2 8089 3139 

or contact us by email here

Sydney City Office

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133 Castlereagh Street 

Sydney NSW 2000

Pymble Office

Suite 2 Level 2, The Bureau

14 - 16 Suakin Street

Pymble Sydney 2073

E:   info@mjmlawyers.com.au

T: 61 2 8089 3139

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ACN 612 454 949. 

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What to expect when you visit our offices.

 

Our offices are designed to encourage you to feel calm and relaxed. We will listen carefully to your story before presenting some well-researched options to suit your situation. 

There is ample parking near our office and we are close to public transport and shops. 

We offer fixed fees where possible so that you will know in advance how much our services will cost.

The pictures shown here are our actual office, provided courtesy of The Bureau, Pymble.

We provide regular information on different aspects of wills and estates law.  You can subscribe to our news feed here.

Our specialist legal practice at a glance.

 

Our highly trained practitioners are specialists in the following legal areas:

- Wills and Estate Planning

- Probate and Administration

- Resolving Wills and Estate Disputes

- Advising in relation to trusts 

- Powers of Attorney

- Enduring guardianship

- The affairs of incapable persons

We also specialise in listening. We understand that these matters can be distressing and we will give you the best advice possible for your circumstances.