Did you know that in NSW if you marry after making the Appointment of an Enduring Guardian that that appointment will automatically be revoked upon the marriage?
The Appointment of an Enduring Guardian authorises a person to make decisions in relation to that person’s health and lifestyle in the event they are not able to themselves (i.e. medical related decisions). For example, if you appoint your Father as your Enduring Guardian whilst you are young (pre marriage) and your sister as the Alternative Enduring Guardian, you later marry, and then you are in a car accident with your husband whereby you are unable to make medical decisions for yourself and neither is your husband as he is also injured, then a family member would need to make an Application to the NSW Civil and Administrative Tribunal to have a Guardianship Order made. This process can be timely, stressful, and in some instances costly when lawyers are involved.
It is equally as important to note that marriage does not revoke the previous appointment of a Power of Attorney. A Power of Attorney document authorises someone to make decisions in relation to that person’s property and finance. You can have multiple Power of Attorney documents in effect at the one time, and the only way the power can be revoked is by way of service of a Revocation of Power of Attorney on that person. This can be dangerous if you are not on top of it. Having multiple people appointed an Attorney who do not agree or have the same view as to what your “best interests” are can be extremely detrimental.
Lastly, marriage does automatically revoke a Will unless the Will is made in contemplation of marriage to that specific person.
As you can see it is extremely important to review and update your Estate Planning documents upon any change in your circumstances which includes marriage.
If your Estate Planning documents need reviewing please call our office today on 02 4627 3333 and make an appointment with a lawyer you can trust.
This article was published on 30/04/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
