& Power of Attorney Lawyers
Sydney Estate Lawyers
Michael Conley Lawyers are leading estate lawyers in Sydney with extensive experience in the complexities of financial affairs, wills, and estates, such as powers of attorney and enduring guardianship.
Our experienced team will guide and support you and your family with a range of legal services and comprehensive legal advice. From constructing a simple will to more complex disputes involving assets located both in Australia and overseas, we’re here to guide you towards a satisfactory resolution and help secure the future of your family.
Power of Attorney
As experienced estate lawyers, we understand the difficult financial and legal decisions many families face in managing wills and estates – especially when making those decisions on behalf of loved ones once they lose mental capacity. Our role is to understand the full extent of the estate and work with you to make the legal and financial decisions you need to achieve a positive outcome for the future.
Using a personal and collaborative approach to your legal affairs, you will work with a legal practitioner qualified in power of attorney. We can assist you and your loved one with granting general or enduring power of attorney and appointing an enduring guardian, drafting the power of attorney documents, and helping you to understand the significance of being granted enduring powers for your loved one.
Power of attorney is a huge undertaking that requires a lot of trust from all parties. The selected person will potentially have to make many financial and medical decisions for their family member if, in the future, they are unable to make their own decisions.
Our Approach To
Estate Law Matters
Michael Conley Lawyers support our clients with a diverse team of wills and estate lawyers, who prioritise the needs of your family first. Our team includes barristers, partners, senior associates, paralegals, administrative staff, forensic accountants, counsellors, trained mediators and arbitrators. Together, our lawyers take a holistic approach to legal advice with every case and strive to achieve a sensible and cost-efficient resolution.
Our goal is to understand the needs of your family and estate in the long-term, create positive outcomes and attempt to resolve issues before they need to be taken to court to minimise the financial and emotional cost to families.
We understand how important communication and a prompt response are when dealing with sensitive matters, which is why our team prioritises communication to ensure you know what is involved at each step. You’re able to start proceedings with confidence and always know what’s happening with your case. We always reply to your calls and emails, and we’ll never ask you to call back later.
Looking for legal advice on power of attorney or appoint an enduring guardian? Book a 15-minute FREE consultation to discuss and arrange a meeting with one of our accredited estate lawyers.
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Power of Attorney FAQs
An estate lawyer works with you to secure the best interests of the individual estate owner while they are living and for their beneficiaries after death. An estate lawyer is an experienced and licensed professional who specialises in estates, wills or in the process of probate. The role requires a thorough understanding of federal and state laws as they pertain to your estate.
The short and simple answer is yes, ensuring you have organised power of attorney for yourself is a good idea. If you have assets and wealth that would need to be managed and protected in the unfortunate circumstance you were unable to do so yourself. Power of attorney means someone you trust will be equipped to manage your estate and act in your best interests in relation to, not just financial decisions, but healthcare and medical decisions as well.
The difference between a general and enduring power of attorney is the mental capacity of the person subject to the POA. A general power of attorney can only be used while the individual in question can still act on their own. However, this type of power of attorney ceases once a person can no longer make decisions or act on their own. At this point, enduring power of attorney comes in and can be used when a person has ‘lost capacity’. However, the person intended to be the enduring guardian must be appointed before a person’s legal capacity to act on their own is lost.
A person can decide how much power or authority to give an attorney, for example, they can limit the powers to specific tasks – such as paying bills or managing assets – or they may want to give them the same level of authority as themselves to manage their financial and property decisions.
In saying this, power of attorney in this sense can be limited to matters of finance and property. Only an enduring guardian can make lifestyle decisions on behalf of someone else.
When working with a legal professional, they can explain to you and your family the various powers and limitations of different arrangements.
Risk is a common part of creating any legally binding arrangement, especially in relation to property or financial matters.
Selecting an attorney to act on your behalf requires you to trust that the individual in question has your best interests in mind. People can often find this task extremely difficult, as it does a degree of vulnerability now or in the future.
There can be many disadvantages to any legal arrangement and it’s best to address your specific concerns with a legal professional.
While creating your own legal document for power of attorney without a lawyer is possible, you do run the risk of getting it wrong and ending up not having the legal powers you need to care for your loved one. So while it is possible, it is best to work with an experienced estate lawyer if you can.
This is especially true for larger and more complex estates, that may require a certain level of financial or legal knowledge to manage.
Most estate attorneys have an hourly rate, which is dependent on their experience. The end cost can differ significantly, as it depends on whether or not the parties involved are willing to cooperate, the complexities of your family dynamics, and various assets, which can be further complicated by international laws if any assets are located internationally. The overall cost of an estate lawyer is dependent on the individual case and the needs of the family you’re working with. To discuss your case and obtain legal advice from leading estate law specialists, book a FREE 15 minute consultation.