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NSW How to Remove a Guardian or Power of Attorney?

Discussion in 'Wills and Estate Planning Law Forum' started by Steve500, 18 April 2015.

  1. Steve500

    Steve500 Well-Known Member

    10 March 2015
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    Is it difficult to remove a Guardian or power of attorney? Say your e.g. An elderly person with disabilities developed due to old age e.g. Dementia,or heart conditions, or hip replacement, and you need a Guardian or a power of attorney. Is it very difficult to remove an existing guardian/power of attorney?
    Do you have a lot of rights in being able to choose another one, if someone deemed appropriate or responsible is willing to do it?
    And will you usually be successful if you want an Independent financial manager, or the public trustee to manage your financial affairs, not say a family member for example?
  2. praxidice

    praxidice Well-Known Member

    30 May 2014
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    A principal can change / remove / cancel an existing enduring guardianship / power of attorney providing he / she still has capacity to do so. This usually means a kangaroo court (eg QCAT in Queensland) hasn't yet made a decision that the principal lacks competence. This wouldn't normally be the case simply because of heart condition or hip replacement alone, but dementia is a horse of a different colour entirely because of its potential effect on mental capabilities. Even then the extent of the disability needs to be considered as there are precedents involving adults with dementia who have been assessed as having capacity to do certain things. If perchance you are talking about a power of attorney (rather than an enduring power of attorney) then it automatically expires when the principal loses capacity. Any kangaroo court would jump at the chance to appoint the Public Trustee regardless of whether or not there is someone infinitely more suited, in fact the relationship between kangaroo courts and Public Trustees is something I consider incestuous. Note however that no Public Trustee entity in any state or territory can be trusted, they are all supremely arrogant, totally inept, habitual liars, demonstrably incapable of consulting with stakeholders and will charge fees that even a lawyer would consider extortionate. Despite concerted attempts to hide the numerous mistakes by invoking stringent privacy laws, a bit of judicious googling will unearth plenty of horror stories about victims of the Public Trustee including some were awarded a significant settlement for work related injuries and the Public Trustee managed to 'lose' virtually all of it by MIS-management. Be also aware of the claimed 'free' will / EPOA preparation facilities which invariably come with massive stings in the way of insistence that the Public Trustee is named as executor and the wildly excessive management fees (typically 500% higher than a commercial lawyer would charge) endemic to the Public Trustee..

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