The practice of substitute decision-making for people lacking capacity lies between two of the governments competing duties towards vulnerable people; firstly to respect their autonomy and secondly to protect them. We have found that NSW legislation is developed on allowing people to make decision now about their future decision and consider a situation where they have lost capacity as a result of dementia or other conditions making people legally incapable of making decisions themselves.

Despite the availability of the NSW legal provisions many people do not consider the implications of  loss of capacity until it is too late, thus many only confront the issue when a diagnosis is made and capacity is usually already affected. Early detection of dementia therefore increases the chance available for individuals to plan for a loss of capacity. Additionally to ensure the validity of the instruments provided by legislation when a lawyer is asked to assist and suspect’s incapacity, they must seek assessment by a general practitioner or a specialist to ensure the document is valid and preventing future disputes.

Planning can allow for the implementation of;

Advanced care directives

Powers of Attorneys

Enduring Guardianship

Instruments which will protect the choices that you want to make now and in the future, and will ensure they apply even after you are incapable of making these decisions yourself.

Administration of an Estate – Grant of Probate or Letters of Administration
Assets and Liabilities of an Estate
Contracts Involving Wills
Executors’ Obligations
General & Enduring Guardianship
General & Enduring Power of Attorney
Intestacy Rule
Legal Capacity and Wills
Living Wills and Mutual Wills
Not-For-Profit Organisations: Wills & Bequests
Retirement Village & Aged Care Advice
Retirement Village Accommodation
Revoking a Will
Special Disability Trusts – What Are they and How Can they Assist you

Succession Planning
Testamentary Trusts
vBlog – Estate Law
Ways to change your Will
Advanced Care Directives
Dementia and the Law
Does A Person Have Capacity To Make A Will?
Enduring Guardianship
How to begin dealing with a Deceased Estates
FAQ about Probate & Executor Duties
Family Provision Act Claims and Estates Disputes
FAQ about Planning For Your Future
Farm Succession Planning
FAQ about Wills & Estate Planning

Guardianship Tribunal Appeals
Granny Flats
How To Write A Will
Notary Public
Power of Attorney
Reviewing Your Trust Deed
Retirement Village & Aged Care Advice
Self Managed Super Funds and Estate Law
Superannuation Complaints Tribunal
Special Disability Trusts
Special Disability Trusts – extension to CGT relief
Substitute decision-making
The Succession Act
Transition to Aged Care
Wills & Estate Planning

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