LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW How to Access Father's Superannuation on His Behalf?

Discussion in 'Superannuation Law Forum' started by Offspring, 16 October 2015.

  1. Offspring

    Offspring Member

    Joined:
    16 October 2015
    Messages:
    2
    Likes Received:
    0
    My father has been jailed and his court hearing isn't until February. He has a mortgage and a car that is still being paid off. He also needs to pay his lawyers. He wants to access his superannuation to pay for these costs. How can I help him and what are the steps I need to go through to get access and act on his behalf to sort things out for him?
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,722
    Likes Received:
    404
    1. If he is paying for his own lawyer, then there is a good chance
      that they will be able to prepare the necessary documents.
      So start by speaking to them about it.
      Bear in mind that they will only do stuff that he (being the client)
      asks them to do.

      On the other hand, if he's getting Legal Aid, then they will handle the trial,
      but it's much less likely that they (Legal Aid) will do this (civil) work.

    2. If he's on remand, then perhaps a full time custodial sentence is not off the table
      as a penalty (no, don't tell us what the charge is).
      So yes, it's a good idea to get the Power of Attorney sorted out now.

    3. Troubling to think about as it is, it's also a good idea to arrange an Enduring Guardian,
      and make (or update) a will.

    4. Do these things before he goes to trial. And certainly before any conviction.

    5. The super fund won't deal with you if you just, say, ring them up out of nowhere
      (and that is as it should be). They will probably insist on a certified copy of the Power of Attorney.

    6. Have a look at the fund rules/ T&Cs to see what they call "hardship".
     
  3. Offspring

    Offspring Member

    Joined:
    16 October 2015
    Messages:
    2
    Likes Received:
    0
    Thank you very much Tim. That is very informative.
     

Share This Page

Loading...