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NSW Power of Attorney & Guardianship - Rent House on Father's Behalf?

Discussion in 'Family Law Forum' started by Danielle Manns, 22 May 2015.

  1. Danielle Manns

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    I have general power of attorney & enduring guardianship of my elderly father who has been recently placed in a nursing home due to dementia. The house he owns and previously resided in needs to be tenanted to help cover the costs of the nursing home.

    Do I have the legal right as power of attorney and with enduring guardianship to remove the contents and place in storage, and rent the property?

    If I dont have that legal right, who does or what do I need to do to obtain this?
     
  2. Sophea

    Sophea Well-Known Member

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    It will depend on the specific wording on the Power of Attorney document, but if broad powers to manage his affairs and financial matters are conferred, then yes I would think this would cover preparations to rent his property in order to generate income for him.
     
  3. Tim W

    Tim W Lawyer

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    I agree with Sophea. Absent any specific limits, conditions, or other "strings"
    attached to the Power of Attorney (which would need to be express in the Attorney document),
    doing this appears to be within your authority - especially if it is to his economic benefit.

    On the cold-sounding-but-practical side, this may be a good chance to do an inventory of the house,
    and to identify early any items in the house that may be contentious when the time comes.
     

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