ENDURING Powers of Attorney and Guardianship documents allow you to appoint persons you trust to assist you with your financial and lifestyle decisions after you lose mental capacity.
But what happens if you later change your mind and wish to revoke your appointments?
Enduring Powers of Attorney can be revoked by written notification to the appointee. Care should be taken that the notification clearly sets out details of the document being revoked.
Enduring Guardianships can be revoked by using the prescribed form from the NSW Trustee and Guardian. The form must be witnessed and certified by a solicitor.
Revocations can only take place whilst the person revoking the documents has mental capacity. Appointees can also resign their nominations. However, Guardianship resignations require the consent of NSW Trustee and Guardian if the appointor has lost mental capacity.
Where a person has lost capacity and disputes arise about persons appointed as Attorney or Guardian, or who should be appointed if there are no appointees, such disputes are reviewed and determined by the NSW Civil and Administrative Tribunal or the NSW Supreme Court for Powers of Attorney, and the NSW Trustee and Guardian for Guardianships.
Enduring Powers of Attorney and Guardianships form part of Elder Law documents that should be considered by everyone in their third age and approaching retirement. It is important to note that these documents cease to have effect when the appointor dies. At that point, the will of the deceased comes into play and the executors of the will take over.
Cecilia Castle is the principal of Castle Lawyers at Asquith. CastleLawyers.com.au