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ARTICLE · 07 SEPTEMBER 2024

Powers of attorney and ademption

Bartier Perry Solicitors
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Defines & describes powers of attorney & ademption. Provides legislative examples & case law.

AustraliaFamily and Matrimonial
Montana Messina
Montana Messina
Gerard Basha
Gerard Basha
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For those acting as an attorney, it is important to understand the intersection of powers of attorney and ademption. Given the complexity and potential implications, having an understanding of this topic is crucial for ensuring the proper management of a principal's affairs, particularly as our population ages.

Powers of Attorney in New South Wales

A Power of Attorney is a legal document enabling one person (the principal) to appoint another (the attorney) to manage their personal and financial matters. In New South Wales (NSW), this authority is governed by the Powers of Attorney Act 2003. This Act delineates the powers, responsibilities, and limitations of an attorney.

There are two primary types of Powers of Attorney:

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