Be Modified

Spending or investing the protected person's money. The guardian can ask the court to approve a monthly budget to pay the protected person's monthly expenses. Selling the protected person's home or any real property. Making or changing the protected person's last will and testament, or change any beneficiaries.

If you disagree with the guardianship orders, you can appeal to the NCAT Appeal Panel or the Supreme Court of NSW. Appeals can only be lodged within a certain period of time from the date of the decision.

There are two types of guardianships, a full guardianship and a limited guardianship.

Representative payee. Durable powers of attorney. Health care surrogacy. Living wills. Trusts. Community advocacy systems. Joint checking accounts. Case management.

In most cases, power of attorney is preferred to legal guardianship because more control is retained by the person being protected. However, if court supervision is needed, guardianship may be more appropriate.

A guardianship is necessary when a person or minor is considered incapacitated.There are instances when a person is starting to lose the ability to make rational or prudent decisions but has designated a power of attorney.

A power of attorney is a private way to decide who will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. It is less costly than a guardianship, which is a public proceeding and the person appointed as your guardian may not be the person you would have chosen.

A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.