ByLawyers News and Updates

Powers – NSW

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Among By Lawyers most frequently used precedents in New South Wales are powers of attorney, appointments of enduring guardian, and the related personal documents associated with lifestyle, health, and estate planning. With an ageing population it is not surprising that lawyers are increasingly called upon to advise their clients on these documents and to prepare one or more of them, often at the same time a client gives instructions for preparation of their will.

As a result of feedback from our subscribers, a number of formatting amendments have been made to the following precedents, with a view to maximising the benefits of document automation, ensuring consistency, and enhancing usability:

  • General powers of attorney;
  • Enduring powers of attorney;
  • Appointments of enduring guardian;
  • Advance care directive;
  • Revocations.

We encourage and value all feedback from subscribers using these and our other precedents; it is one of the ways that we consistently enhance and update our content.

These precedents are found in the Powers of Attorney, Appointment of Enduring Guardian, and Advance Care Planning (NSW) publication.

Until 2003, powers of attorney in NSW were made under the Conveyancing Act 1919 and were used to cover all decisions relating to both the donor’s financial affairs and any health or lifestyle decisions to be made on their behalf. With the introduction of the Powers of Attorney Act 2003 and related amendments to the Guardianship Act 1987 passed at the same time, the parliament created the current regime under which decisions about a donor’s financial affairs are covered by a general power of attorney or, if the donor has lost capacity, an enduring power of attorney, and decisions relating to a donor’s health and lifestyle are covered by their appointment of an enduring guardian. Powers of attorney previously prepared under the Conveyancing Act 1919 remain effective under the Powers of Attorney 2003.

QLD, Estates

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1. Notice of intention to apply for grant – Advertising changes From 24 November 2017 notices of intention to apply for grant need only be advertised in the Queensland Law Reporter and not in a newspaper: Supreme Court Practice Direction 14 of 2017.

2. End of de facto relationship – Revocation of executor The end of a de facto relationship with a testator has the same effect as a divorce, namely, it revokes the ex-de facto’s appointment as executor of the will and revokes any benefits the testator gave to the former de facto partner under the will: new s 15B of the Succession Act 1981.

3. Stepchild includes child of party to de facto relationship The definition of a stepchild has been extended to include the child of a party to a de facto relationship, so a stepchild of the de facto testator is capable of bringing a claim against the testator’s estate as the deceased step-parent: s 40A Succession Act 1981.

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