Guardians

>Your Will allows you to make arrangements for the care of any children that you have who are under 18 years of age when you die. This is done by selecting one or more Guardians and writing it into your Will. For parents, this is probably the most important part of your Will.

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Childrens Charter

> In addition to making a Will, we recommend that, if you have children, you draw up a Children’s Charter to ensure that instructions are in place on how you wish your children to be taken care of. This document is simply a written record prepared by you as a sole parent or as a …

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Who can be appointed Guardian?

>Anyone you choose can be appointed – regardless of whether they are related to you or your child. You can choose one or more persons to be the guardian of your child, although disputes can arise if you select more than one person.

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Powers of Attorney Act 1998

>The Powers of Attorney Act 1998 provided for enduring powers of attorney to cover personal, health and financial matters. An enduring power of attorney is a formal agreement giving someone else the power to make certain decisions on your behalf if ‘for some reason you are unable to act for yourself’.

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Role of the Guardianship and Administration Tribunal as part of a Will

>The Tribunal’s main task is to determine whether or not a person with impaired decision-making capacity needs a guardian or administrator and, if necessary, to make an appointment order. The Tribunal’s other powers include giving directions and advice to guardians and administrators, monitoring, reviewing and amending orders, and ratifying and approving decisions by informal decision …

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