Real stories, real people
Story 1 - Power of Attorney loses power
A Power of Attorney is a legal document enabling someone to act on another person’s behalf. It can be very useful and is worth considering. However the person who grants this ‘power’ needs to have the ‘capacity’ to do so.
In July 2010, a case in the Supreme Court of NSW, highlighted that a Power of Attorney can be considered void - even if they have been used over several years. The case of the case of Szozda –v- Szozda [2010] NSWSC 804 was decided by Justice Barrett. It has widely been reported as a significant “clarification” to the test of whether or not an individual has the capacity to create a Deed of Power of Attorney.
The case is a story of Polish immigrants, untimely family deaths, real estate properties, discretionary trusts, family business and the complications that can arise between siblings. Details click here>> Power of Attorney loses its power
Story 2 - Legal Consent for Treament of a Child
Who decides what is right for a child? The parents or the Government? Well both!
By Australian law parents jointly share the responsibilities concerning the care, welfare and development of their children. Parental responsibility is clearly defined in the Family Law Act 1975 under Section 61B. This includes, in relation to a child: “(a) All the duties, powers and responsibility and authority which, by law, parents have in relation to children.”
However the Courts can legally override a parent’s decision. Learn more with two cases >> Who gives consent for Special Treatment of children?
Story 3 - What is The Guardian Tribunal and can it help me?
The Guardianship Tribunal is a specialised dispute resolution forum with jurisdiction narrowly defined by legislation. While its jurisdiction may be limited, the orders it makes can be far reaching and have significant impact.
Learn more about The Guardianship Tribunal |
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