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Powers of Attorney and Enduring Guardianship

At SWS Lawyers, when our clients are considering a will, we always encourage them to consider the various complimentary estate planning tools, including an Enduring Power of Attorney and an Enduring Guardianship, which are designed to protect their assets, make provisions for their financial, lifestyle and health and ensure their financial and legal affairs are in order.

How we can help

  • Wills and Testamentary Trusts
  • Probate and Letters of Administration
  • Family Provision Claims

Expertise

Enduring powers of attorney and enduring guardianships are legal documents that empower a person (or multiple people) to make decisions on behalf of someone who is unable to do so. An enduring power of attorney empowers the attorney to make financial and/or property related decisions and an enduring guardianship appoints a guardian to make lifestyle, health, medical and personal related decisions for the donee or grantor of the power and/or guardianship.

SWS Lawyers recommends that clients enter into enduring powers of attorney and enduring guardianships as these documents, correctly completed, remain valid even after the donee loses his or her mental capacity. As such, both documents must be entered into prior to the donee losing mental capacity, and then only come into effect in the circumstances outlined in the documents.

In addition to providing a safeguard for clients, these documents also allow clients to exercise a degree of control as to how and when the attorney and/or guardian can carry out their duties and the provision of health care in end-of-life situations.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

-Director, Top 10 Australian Accounting Firm

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The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.

-Paul Valaire, Addcar

SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

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The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.

-Garry West-Bail, Deaf Sports Australia
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