Guardianship and Marriage

Posted on April 24th, 2019

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The Guardianship Act provides that a person (the appointor) can sign an Appointment of Enduring Guardian document appointing a person to make certain decisions for the appointor in the event that he or she cannot make those decisions. The guardian is authorised to decide where the appointor lives, what healthcare the appointor receives (including medical and dental treatment) and other decisions in relation to the health and wellbeing of the appointor.

Section 6HA of the Guardianship Act provides that the appointment of a person as an enduring guardian is revoked if the appointor marries after the date of the Appointment of Enduring Guardian. However, in the event that the appointor marries the appointee (ie the person whom he or she has appointed to be the enduring guardian) then the Appointment of Enduring Guardian stands. The message is; if you decide to marry and if you have an Appointment of Enduring Guardian commencing before the marriage; you should see your solicitor to ensure you still have a guardian after the marriage takes place.

Robert Lindsay is a Consultant at Mullane & Lindsay Solicitors and practises extensively in Wills and Estate Planning, Commercial Dispute Resolution,  and Commercial and Property transactions.  If you require any assistance in these areas please contact Robert Lindsay to arrange a consultation or contact our Newcastle or Tea Gardens office.

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