Reporting Requirements of an Administrator Under the Guardianship and Administration Act 1990 (WA)

Wood blogs depicting requirements for administrators under WA's Guardianship and Administration Act.

The Guardianship and Administration Act 1990 (WA) establishes the legal framework for the appointment of administrators to manage the financial and property affairs of individuals who are unable to do so themselves due to incapacity. As an appointed administrator, it is your responsibility to ensure the proper management of the represented person’s affairs, which includes…

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Understanding the difference between Commercial Leases and Retail Leases

Exterior of a commercial building highlighting the difference between commercial leases and retail leases.

When it comes to leasing commercial space in Western Australia, two primary types of leases that business owners and property managers commonly encounter are commercial leases and retail commercial leases. While they may seem similar on the surface, these two types of leases differ significantly in terms of their legal obligations, protections, and application. Understanding…

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What to Do if You Are Concerned About the Conduct of an Administrator or Guardian of a Loved One in Western Australia

Close up of older man, with a hand on his shoulder, illustrating concerns about guardianship or administrator.

When an administrator or guardian is appointed for a loved one due to incapacity, it is with the intention of ensuring their best interests are looked after. However, there may be times when family members or friends become concerned about the conduct of the appointed person, particularly when it comes to managing financial affairs or…

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Understanding How Superannuation and Wills Interact

Understanding how superannuation and wills interact is crucial when planning the distribution of your estate and superannuation for your loved ones.

In most cases, when a person passes away, their superannuation member account benefits will be paid to their beneficiaries as per the superannuation fund’s rules. However, the way in which superannuation member account benefits interact with wills and estates can depend on a few factors. One important factor to consider is whether you have a…

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What to Consider When Preparing an Enduring Power of Guardianship

One of the most critical decisions when preparing an enduring power of guardianship is choosing the right person or persons to act as your enduring guardian.

When preparing an enduring power of guardianship, there are several important factors to consider: Choosing the right person: The person or persons you choose to act as your enduring guardian should be people you trust and who have your best interests at heart. Remember that these are the people who will make important health and medical…

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Preparing an Enduring Power of Attorney: Key Factors to Consider

The person you appoint as your enduring attorney must be someone you trust implicitly to manage your financial and property affairs in your best interests.

When preparing an enduring power of attorney, you need to consider several important factors to ensure that your wishes are accurately reflected and that your assets and estate are protected. Here are some key considerations: Choose a trustworthy attorney: Your enduring attorney will have the power to make important decisions on your behalf regarding your…

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Special Disability Testamentary Trusts – What Are They?

Dad with a disability, surrounded by his smiling family.

A special disability testamentary trust (SDTT) is a type of trust created in a will for the benefit of a person with a disability. The purpose of an SDTT is to provide financial support and protection for the disabled person after the death of the person creating the trust in their Will (the testator). The…

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What Do I Need to Think About as an Executor and Trustee of a Will?

Duties of an executor of a will include distributing assets such as bank accounts and property.

An executor and trustee are responsible for managing the estate of a deceased person (known as the administration of an estate). The specific duties of an executor and trustee can vary depending on the estate, but some common tasks include: Obtaining the Will: The executor and trustee will require the original Will upon the death…

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What to Consider When Preparing a Will

What to consider when preparing a will, close up of signing.

It is important to seek legal advice when preparing a Will to ensure that it is valid and legally binding. Consideration also needs to be given to your wider estate plan and any tax implications that may be in play. When preparing for your appointment, there are several important things that you need to consider:…

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