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Discretionary Testamentary Trusts - Brazel Moore Lawyers

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An experienced Estate Planning Lawyer will tell you that the important difference between an enduring guardianship and power of attorney is that the enduring guardian is granted the power to make personal decisions on the donor’s behalf, whereas a power of attorney is usually limited to financial decisions only. An enduring guardian is appointed by way of appointment.

In New South Wales, an enduring guardian will usually be granted the power to make lifestyle decisions, such as the medical care the donor is to receive, where the donor is to live and what kind of personal services the donor is to receive.

The appointment of the enduring guardian takes effect after the donor loses the capacity to make their own decisions. You should always seek legal advice if you intend to appoint an enduring guardian.

Call Geoff Brazel, Estate Planning Lawyer since 1981 for expert legal advice on all your estate planning needs.

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