Family Law
Navigating the end of a relationship can be an emotionally challenging experience. For many individuals, family stands at the core of their lives, and the rupture of such bonds can have a profound and distressing impact on the well-being of all parties involved.
In such situations, individuals experiencing the loss of significant aspects in life may exhibit behaviour without proper consideration for the consequences, especially when children are involved. Emotions like fear, anger, jealousy, disappointment or entitlement can often cloud judgement and contribute to prolonged and expensive litigation processes. At Sapphire Legal, we acknowledge the intricate emotional landscape in such scenarios and strive to provide guidance that encourages thoughtful resolution, aiming to alleviate the emotional and financial toll associated with extended legal battles.
Because you cannot control how your ex-partner behaves (or their solicitor), it is important to choose a solicitor that recognises the difficulties that can be faced in such situations and who will not take advantage of you.
Whether you're in the contemplation phase of separation or have already initiated the process, seeking legal advice on available options for you and your ex-partner can be pivotal. At Sapphire Legal, we specialise in guiding you through all aspects of parenting and property settlement within family law. Our goal is to empower you to make informed decisions, with the aim of avoiding unnecessary and protracted legal proceedings. We prioritise helping out clients avoid litigation whenever possible, recognising that this choice can be the difference between a legal bill of $80,000 or more or something considerably less.
-
Can I do my own power of attorney in NSW?If you'd like Sapphire Legal to make your Power of Attorney document, you can begin the process, online. After you've filled out and submitted the online form, we’ll contact you, and arrange a time to finalise the documentation.
-
Does my attorney override my will?No. Your attorney can not change an existing will, or give instructions to make a will on your behalf. Therefore it is so important that you prepare your Last Will and Testament whilst you still have mental capacity to do so. Once done, you can include a condition in your power of attorney that requires your attorney to acquaint themselves with your Will and Testament and request that, to the extent practicable, they do not make any decisions that may cause a gift under your will to fail.
-
What is the difference between power of attorney and Enduring Power of Attorney in NSW?A General Power of Attorney can no longer be used once a person loses capacity such that they are unable to make decisions or act on their own. This is where an Enduring Power of Attorney comes in. An Enduring Power of Attorney can be used when a person has 'lost capacity’ but this document must be prepared before the appointer loses capacity.
-
Can I revoke a power of attorney?Your power of attorney appoints one or more individuals to have the authority to make financial and legal decisions on your behalf. Your attorney can continue to act until they are made aware of the termination of their appointment. To do this, you revocation must be in writing, signed by you and witnessed. If you have an enduring power of attorney, it continues once you lose capacity which is why it is important that in the event you wish to revoke this document, you do so whilst you still have mental capacity otherwise this opportunity will be lost. If you have registered your Power of Attorney with NSW Land Registry Services, you must also register the revocation with the Registry.
-
Can a power of attorney still be made after I lose capacity?Unfortunately, no. Once a person has lost their mental capacity, they will lose their ability to instruct a solicitor to prepare legal documents on their behalf. If you are a resident of NSW, your family or loved ones will need to apply to the NSW Civil and Administrative Tribunal (NCAT) to apply for a guardianship order. This can be stressful and time-consuming. NCAT will then decide whether or not the person who is applying should be allowed to manage your affairs. There is no guarantee that they will agree and may make an order appointing someone else including the NSW Public Trustee & Guardian.
-
Who should I appoint as my Attorney?Generally speaking, while it is good to include your spouse or siblings, consider the fact that they may not be around or have the mental capacity themselves to manage your financial affairs. You need to ensure that whomever you appoint, you trust that they will act in your best interests. Ideally, wherever possible, you should appoint two attorney’s and a substitute attorney should one or both of your primary attorneys be unable or unwilling to act.
-
Do I need to register a power of attorney in NSW?If your power of attorney will require your attorney to deal with property, yes, it must be registered with NSW Lands and Titles Office.
-
Can someone with power of attorney withdraw money?Yes. A power of attorney is a legal document that allows you to appoint a person or people (your attorney’s) to manage your financial and legal affairs. This means withdrawing and depositing money in your bank accounts and any income you receive. If you appoint more than one attorney to act jointly and severally, you can include a condition such that any withdrawals above a certain amount requires your attorneys to act jointly.
-
What are the disadvantages of power of attorney?One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
-
Is it worth having power of attorney?Indeed, a power of attorney forms a vital part of your estate preparation along with your Will and Testament and Enduring Guardianship. Unlike a Will however which only comes into effect once you die, your enduring power of attorney and enduring guardianship are effective whilst you are still alive but have lost mental capacity to take care of your own financial, legal and lifestyle/health decisions. Once you lose capacity however, you also lose your ability to instruct a solicitor to prepare your documents which is why it is so important to do this whilst you still have the mental capacity to do so.