Petersham Power of Attorney Lawyers

Do You Have an Elderly Parent Whose Affairs Are Becoming Harder to Manage — and Are You Worried About What Happens if They Lose Capacity Before Proper Arrangements Are in Place?

FletchLaw helps families put enduring power of attorney arrangements in place while there is still time — avoiding the far more costly and distressing process of applying to a tribunal for guardianship after the fact. We serve Petersham and the Inner West, and your first conversation with us won’t cost you a cent.

We're here when you're ready

Call 02 9159 9026

4.9 Are You Facing Any of These Concerns Right Now?

Do you know what happens legally if a parent loses capacity without a power of attorney in place?

Without an enduring power of attorney, no one — not a spouse, not an adult child — has automatic legal authority to manage a person’s financial affairs once they lose capacity. To obtain that authority, the family must apply to the NSW Civil and Administrative Tribunal for a financial management order — a process that is time-consuming, stressful, and entirely avoidable if the right arrangements are made in advance.

Is your parent still able to grant a power of attorney — and do you know how to determine whether capacity still exists?

An enduring power of attorney can only be made by a person who has legal capacity at the time it is executed. As cognitive decline progresses, that window can close more quickly than families expect. Acting promptly — while capacity is clear and unambiguous — is the most important thing a family can do to protect a parent’s ability to choose who manages their affairs.

Do you understand the difference between a power of attorney and an enduring guardianship — and whether your parent needs both?

A power of attorney covers financial and property decisions. An enduring guardianship covers personal, lifestyle, and medical decisions. Most people who need one also need the other — because capacity can be lost for both types of decision simultaneously, and having only one document in place can leave significant gaps in the protection available to the person who needs it most.

Are there multiple family members who may have competing views about who should be appointed — and how to handle that sensitively?

The question of who is appointed as attorney or guardian can be one of the most sensitive conversations a family has — particularly in blended families or where siblings have very different relationships with the parent involved. We help families navigate this process with the care and discretion it requires, and advise on structures that can accommodate multiple attorneys where that is appropriate.

Have you been asked to act as attorney for a parent — and are you unsure what your legal duties actually are?

Acting as an attorney under a power of attorney carries significant legal responsibilities. An attorney must act in the principal’s best interests, keep accurate records, avoid conflicts of interest, and stay strictly within the scope of the authority granted. We advise attorneys on their duties clearly and practically — so they can exercise their authority correctly and without inadvertent personal exposure.

Are you concerned that an existing power of attorney is being misused — or that an attorney is not acting in the principal's best interests?

Attorney misconduct — including financial abuse of a vulnerable person — is a serious legal matter with significant consequences. If you believe a power of attorney is being misused, there are legal steps available to revoke it, report the conduct to the appropriate authority, and protect the person it was meant to serve. We advise on these steps clearly and without delay.

Meet Simon Fletcher

Power of attorney matters sit at the intersection of law and family — and the families who come to us are often managing a difficult situation with real time pressure. When a parent’s capacity is declining, the window for putting proper arrangements in place can close faster than anyone expects. At FletchLaw, we act promptly, advise clearly, and make sure the documents are in place before they become urgently needed.

Simon Fletcher has helped Petersham and Inner West families put enduring powers of attorney and enduring guardianship appointments in place across a wide range of family circumstances — including families navigating capacity concerns, blended family dynamics, and situations where multiple potential attorneys need to be considered carefully. He explains every aspect of the process in plain English and makes sure the document accurately reflects the principal’s wishes and properly protects their interests.

If you’re concerned about a parent’s capacity and want to make sure the right legal arrangements are in place while there is still time, your first conversation with Simon won’t cost you a cent. No pressure, no obligation — just honest, experienced advice about what needs to be done and how to do it properly.

Book your free telephone consultation now.

How We Can Help You Through This

We'll advise on the urgency of the situation — assessing whether capacity is still present and making sure the power of attorney is executed while it can still be validly granted.

We'll prepare an enduring power of attorney that accurately reflects your parent's wishes — including who is appointed, what authority they have, and any conditions or limitations that should apply.

We'll prepare an enduring guardianship appointment alongside the power of attorney where needed — making sure both financial and personal decisions are covered by someone the principal trusts.

We'll advise on the appointment of multiple attorneys where that is appropriate — including joint and several authority, succession arrangements, and how to structure the appointment to minimise the risk of conflict.

We'll advise attorneys on their legal duties, their limits, and how to exercise their authority correctly — so they can act with confidence and without inadvertent personal exposure.

We'll prepare general powers of attorney for specific or time-limited purposes — including property transactions, extended overseas travel, and other situations where temporary authority is needed.

We'll advise on revocation of an existing power of attorney where the principal still has capacity and wishes to appoint a different attorney or change the terms of the authority.

We'll advise on attorney misconduct — including the steps available to report misuse, revoke authority, and protect a vulnerable person from financial abuse under a power of attorney.

We'll guide families through the NCAT financial management order process where capacity has already been lost and no power of attorney is in place — managing every procedural step as efficiently as possible.

The 3 Step FletchLaw Process

Book Your Free, No-Obligation Consultation

Call us and speak directly with Simon Fletcher. He'll listen carefully to your situation, assess the urgency, and give you a clear picture of what needs to be done and how quickly it needs to happen. No cost, no pressure, no commitment — just honest, experienced advice from a solicitor who understands that in capacity matters, timing is everything.

We Prepare the Documents Carefully and Promptly

Once you instruct us, we move efficiently — preparing the enduring power of attorney and any accompanying documents, arranging execution in a way that properly establishes capacity, and making sure every legal requirement is met. We explain every provision to the principal and to the attorney so that everyone understands exactly what has been put in place and why.

Move Forward With the Certainty That the Right Person Has Authority to Act

With properly executed documents in place, your family has the certainty that when the time comes, the right person has the legal authority to manage your parent's affairs — without the cost, the delay, and the distress of a tribunal application. The conversation you had the courage to have today could spare your family an enormous amount of difficulty in the future.

Take the First Step — Your Free Consultation Won't Cost You a Cent

Raising the subject of a power of attorney with an ageing parent can feel difficult — but the conversation is far easier to have now than the crisis it prevents would be to manage later. Your initial consultation with Simon Fletcher is completely free. It’s a calm, private conversation focused entirely on your family’s situation and what needs to be done. Here’s what you can expect:

A warm, sensitive conversation — a private space to describe your parent’s situation, share your concerns, and get honest answers about what needs to happen and how urgently
Clarity on what the documents cover — a plain-English explanation of what an enduring power of attorney and enduring guardianship appointment do, what authority they grant, and what protections they put in place
An honest assessment of urgency — clear advice on whether capacity is still clearly present, what the signs of declining capacity mean for the timing of execution, and what happens if the window closes before documents are in place
Practical guidance on who to appoint — advice on the considerations involved in choosing an attorney or guardian, including how to handle multiple potential appointees and how to structure the authority where more than one person is involved
The space to ask anything — whether it’s about the process, the cost, your duties as attorney, what happens if there’s a dispute, or what the tribunal process involves — this is your time

Ready to take the first step? Call us today to book your free consultation — we're here to help.

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What to Expect When You Work with FletchLaw

Free initial consultation with no obligation

Speak with Simon, understand what needs to be done and how urgently, and decide whether we’re the right fit — without spending a cent or committing to anything.

Prompt action where timing is critical

In capacity matters, timing can be everything. We move efficiently and without unnecessary delay to make sure documents are executed while they still validly can be.

Direct access to Simon Fletcher throughout

You work with the principal solicitor from the first conversation to the final executed document — not passed between staff or left with someone unfamiliar with your family’s situation.

Plain English at every stage

Every provision of the power of attorney explained clearly to both the principal and the attorney — so everyone understands exactly what has been put in place and what it means in practice.

Transparent billing with no surprises

Every charge explained clearly before work begins. You’ll always know exactly what you’re paying for — with nothing added without your knowledge or consent.

Sensitive handling of difficult family dynamics

We understand that questions about who is appointed can be sensitive. We advise with the care and discretion that family matters of this kind require.

Comprehensive coverage — financial and personal

We consider both enduring power of attorney and enduring guardianship together — making sure every aspect of your parent’s future decision-making is covered by someone they trust.

Attorney duty advice included

We advise attorneys on their legal duties, their limits, and how to exercise authority correctly — so they can act with confidence and without inadvertent personal liability.

Misconduct advice where needed

If an existing power of attorney is being misused, we advise on the steps to revoke it, report the conduct, and protect the person it was meant to serve.

A local Inner West firm that knows this community

We’re based in Stanmore, minutes from Petersham. We understand the Inner West, its families, and the particular circumstances that make these conversations both necessary and difficult.

From Petersham to FletchLaw in Minutes

FletchLaw is just 2.1 kilometres from the centre of Petersham — a six-minute drive along Parramatta Road. We’re not a distant city firm you have to travel to in a crisis. We’re your neighbours in the Inner West, part of the same streets, the same community, and the same daily life that Petersham families know well. When you need us, we’re close.

Serving the Petersham & Inner West Community

Petersham is one of the Inner West’s most distinctive and tightly-knit suburbs — a place where heritage streetscapes, a thriving village atmosphere, and a genuinely diverse community all come together. For families here, home isn’t just a property. It’s a neighbourhood, a school, a set of relationships built over years.

Other FletchLaw Services

Ready to Take the First Step?

Book your free, no-obligation consultation today — and make sure the right arrangements are in place for your family before the window to act closes.