Protective Matters
Disputed Guardianship
A guardian is appointed to make personal decisions for someone unable to do so themselves. Matters relating to Guardianship are generally dealt with within the jurisdiction of the New South Wales Civil and Administrative Tribunal (NCAT), which has a Guardianship Division. NCAT’s Guardianship Division handles these matters, appointing Private, Public, or Joint Guardians and making orders as needed. Disputes may arise over who should act as guardian; legal advice is recommended in such cases. Simons George Legal can assess your situation and advise you on your rights and obligations.
Guardianship and Financial Management
Some individuals with disabilities need substitute decision-makers for personal or financial matters. NCAT appoints guardians under the Guardianship Act and financial managers for those unable to manage their funds. These roles include managing living arrangements, medical treatments, and financial affairs.
Review and Revocation of Financial Manager
NCAT can appoint a Financial Manager if disputes or incapacity exist. If there are concerns about suitability, an application for review or revocation can be made. Seek legal advice to determine eligibility and navigate the process, whether challenging or defending a review.
Review and Revocation of Guardianship
Guardianship may be reviewed if a guardian is unsuitable or acts beyond their authority. Legal advice is advised prior to taking action. Simons George Legal can support applicants or guardians throughout proceedings.
Probate and Estate Administration
In New South Wales, "estate administration" refers to the legal process of managing a deceased person's estate, guided by the Probate and Administration Act 1898 and common law.
Family Provisions Claims
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased's estate.
Defending an Estate
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
Contesting or Challenging a Will
If you've been excluded from a Will or received an unfair share of the estate, you may have grounds to contest or challenge it.
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Our team is prepared to assist you today.
Call on 1300 344 960 for a complimentary 30-minute consultation for new clients.
What We Can Do
The next-of-kin is typically required to apply to the Supreme Court for Letters of Administration to be appointed as the Estate Administrator. This involves signing all necessary paperwork and, if needed, instructing a solicitor. Managing this process can be challenging, especially with multiple potential heirs. Therefore, we strongly advise creating a Will to clearly state your wishes and ease the burden on your loved ones. If you believe you should have been included in the estate but were not, you might be eligible to make a Family Provision Claim.
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For trustworthy guidance and expert assistance with estate administration, contact our experienced team today.