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Enduring guardian

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Ailhelen View Drop Down

Joined: 08/February/2014
Location: Australia
Posts: 1
  Quote Ailhelen Quote  Post ReplyReply Direct Link To This Post Topic: Enduring guardian
    Posted: 08/February/2014 at 11:41
We are planning to set up enduring power of attorney and enduring guardian for my dad and mum. I was wondering if it is a conflict of interest to use my own lawyer? Should we use a lawyer that is to deal with the issues for mum and dad only?
With enduring guardian is that only effective once dad cannot make his own decisions. Since mum is still alive does she need to be the decision maker first? She has become very frail lately and doesnt like haveing to make decisions, it causes her to really struggle and forget things.
Your assistance would be much appreciate. I was not sure where to set up this question.


MartinO View Drop Down
Moderator Group
Moderator Group

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 08/February/2014 at 13:43
I don't think it present any conflict of interest to use a lawyer that you yourselves also use, many families have a lawyer that the whole family use for any legal matter.

As far as who is appointed to actually hold the power, talk with your parents. It would seem logical that each appoint the other, with perhaps you nominated in the event that the other is not able.

Your solicitor should talk to your parents to determine their preferences.

I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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