Advice For Attorneys & Guardians

Whether you are an Attorney acting under a Power of Attorney, or a Guardian acting under a Guardianship Order, you may find the role daunting and the administration of the individual’s affairs overwhelming.

Below are some of the key things you should consider when acting on someone’s behalf.

Considerations for Attorneys and Guardians

  1. Know the nature and extent of your powers. These are revised either from the Power of Attorney document, or the Guardianship court order.
  2. Keep in regular contact with the adult. This will help you understand their wishes and preferences
  3. Be aware of other close parties, both professional and personal. Naturally, the adult may share their opinions and preferences amongst different people, and you must collect information wherever you can to support an informed decision.
  4. Keep a list of assets and liabilities. This should include sources of income, outgoings, policies held etc.
  5. Keep records of your actions and always ensure that people know you are acting in your role as Attorney or Guardian.
  6. Know the 5 Legal Principles (read about here).
  7. Look after yourself – Make sure your own affairs are in order, and don’t be scared to rely on others to assist you in your responsibilities.
  8. If you do require further assistance, seek it.

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