Question 1

What happens if an Enduring Guardian dies or becomes incapacitated?

Accepted Answer

It is crucial in the planning process to determine who is to be the substitute Guardian in such scenarios.

Question 2

What is the difference between an Enduring Power of Guardianship and an Enduring Power of Attorney?

Accepted Answer

An EPG is for financial and property matters and an EPOA is for personal care and welfare matters.

An Enduring Power of Guardian (EPG), is a legal document that allows an individual to appoint someone to make decisions about their personal care and welfare, such as medical treatment and living arrangements, if they become unable to do so. This can include decisions about where they live, what medical treatment they receive, and what day-to-day care they receive. The EPG does not give the appointed guardian any power over the individual's financial and property matters.

An Enduring Power of Attorney (EPA) is a legal document that allows an individual to appoint someone to make financial and property decisions on their behalf if they become unable to do so. This can include managing bank accounts, paying bills, selling property, and making investments. The EPA only applies to financial and property matters and does not give the appointed attorney the power to make decisions about an individual's personal care and welfare.

Question 3

What happens if an Attorney dies or becomes incapacitated?

Accepted Answer

It is crucial in the planning process to determine who is to be a Replacement Trustee and then the next Replacement Trustee in case something happens to them.

Question 4

How long does this document take to assemble?

Accepted Answer

Depending on the complexity of the data, this document should take approximately 30-50 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts .

Question 5

What happens to any existing EPG?

Accepted Answer

If properly executed the new EPG will take precedence over an existing EPG only in those areas it seeks to take precedence. Previous EPGs can be revoked.

Question 6

Is this a legal document?

Accepted Answer

All master documents have been signed off by LY Legal. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by LY Legal.

The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

“if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances. The Court held that this process was legal work.

Question 7

Is the document easy to read?

Accepted Answer

All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.

Question 8

What lawyers sign off on LYD documents?

Accepted Answer

All LYD documents are prepared and signed off by LY Legal.

Question 9

Are the LYD documents reviewed regularly?

Accepted Answer

All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.

Enduring Power of Guardian (NSW)