Your WIll + Power Of Attorney

Most people think about a will and power of attorney when they are about to go overseas, enter or exit a new relationship, have a child or go into hospital. The right time for doing these documents is NOW. You just don’t know what tomorrow holds. So many people neglect these vital documents causing complexity, expense and unintended consequences.

Wills

Many people do not have a Will or have one that is out of date. You need a properly drawn Will so you decide what will become of your estate upon your death.

We have extensive experience in the drafting of Wills. Your Will represents your final wishes and its effects can last for many years after your death.

We will advise you on issues to consider and matters to think about before your Will is prepared such as choice of executor and alternative beneficiaries. We explain to you what assets can be covered by the Will and what assets are not (such as joint assets and superannuation). We draw your attention to the beneficiaries you ought to include in order to avoid a claim against the estate after your death.

Blended families give rise to special considerations. You may wish to benefit a charity. You may also require special provisions to ensure the protection of assets for the benefit of a person with a disability, a spendthrift or someone in a difficult personal relationship.

We can also give you honest and practical advice in relation to the Wills of others. If you feel you have been wrongly left out of someone’s Will we can act on your behalf by making a claim under the Succession Act. Such claims are often successfully negotiated. Other claims may require mediation or litigation.

If you think you need a will and are not sure about where to start, you could use the simple instruction sheet and provide it to us with your contact phone number or email. (link to instruction sheet)

Powers of Attorney

Powers of Attorney allow you to appoint someone you trust to act on your behalf when you are not in a position to do so.

If you are travelling overseas or if you are no longer physically able to attend the management of your financial affairs, then a Power of Attorney allows you to appoint someone else to carry out banking and attend to business matters on your behalf.

A Power of Attorney can also be enduring which means that if you lose mental capacity on account of brain damage, a coma, stroke or dementia it will remain effective and your Attorney can continue to attend to all financial matters on your behalf.

A Power of Attorney may contain clauses enabling your Attorney to provide benefit to others besides you (such as your spouse or children). An Enduring Power of Attorney requires a Solicitor’s Certificate.

Enduring Guardianship

An Appointment of Guardian allows you to nominate in advance the person whom you trust to carry out personal and lifestyle decisions (not financial) on your behalf according to the terms of their appointment by you. For example, if you suffer a stroke or other debilitating medical condition or are injured in an accident you may be unable to make decisions in relation to your medical treatment or services you receive or where you should live.

An Appointment of Guardian can also include your wishes on end of life issues.

It is important to put these measures in place whilst you are mentally and physically able to do so. This will enable possible future problems to be dealt with according to your wishes and avoid the involvement of the Guardianship Division of the NSW Civil and Administrative Tribunal in appointing government bodies to make such decisions on your behalf.

Capacity

“Capacity” refers to an individual’s ability to make his/her own decisions particularly in relation to issues such as health, finance, legal responsibilities and lifestyle choices. Daily decision making can range from simple decisions such as what you would like to eat or whether you would like to visit someone or may involve decisions as to where you should live, whether you should enter a nursing home or make a Will.

Capacity is vital to making decisions about legal matters including signing a Will, buying and selling property, entering into contracts and taking on mortgages. Issues of capacity often arise for older clients or clients who may be suffering from mental or physical disabilities and ill health. It is therefore essential to assess a person’s capacity before legal decisions are made and to determine whether a substitute decision maker should instead be appointed.

With our experience we are able to assist with complex issues of assessing capacity and applications to the Guardianship Tribunal for or appealing the appointment of substitute decisions makers.

Wills

Many people do not have a Will or have one that is out of date. You need a properly drawn Will so you decide what will become of your estate upon your death.

We have extensive experience in the drafting of Wills. Your Will represents your final wishes and its effects can last for many years after your death.

We will advise you on issues to consider and matters to think about before your Will is prepared such as choice of executor and alternative beneficiaries. We explain to you what assets can be covered by the Will and what assets are not (such as joint assets and superannuation). We draw your attention to the beneficiaries you ought to include in order to avoid a claim against the estate after your death.

Blended families give rise to special considerations. You may wish to benefit a charity. You may also require special provisions to ensure the protection of assets for the benefit of a person with a disability, a spendthrift or someone in a difficult personal relationship.

We can also give you honest and practical advice in relation to the Wills of others. If you feel you have been wrongly left out of someone’s Will we can act on your behalf by making a claim under the Succession Act. Such claims are often successfully negotiated. Other claims may require mediation or litigation.

If you think you need a will and are not sure about where to start, you could use the simple instruction sheet and provide it to us with your contact phone number or email. (link to instruction sheet)

Powers of Attorney

Powers of Attorney allow you to appoint someone you trust to act on your behalf when you are not in a position to do so.

If you are travelling overseas or if you are no longer physically able to attend the management of your financial affairs, then a Power of Attorney allows you to appoint someone else to carry out banking and attend to business matters on your behalf.

A Power of Attorney can also be enduring which means that if you lose mental capacity on account of brain damage, a coma, stroke or dementia it will remain effective and your Attorney can continue to attend to all financial matters on your behalf.

A Power of Attorney may contain clauses enabling your Attorney to provide benefit to others besides you (such as your spouse or children). An Enduring Power of Attorney requires a Solicitor’s Certificate.

Enduring Guardianship

An Appointment of Guardian allows you to nominate in advance the person whom you trust to carry out personal and lifestyle decisions (not financial) on your behalf according to the terms of their appointment by you. For example, if you suffer a stroke or other debilitating medical condition or are injured in an accident you may be unable to make decisions in relation to your medical treatment or services you receive or where you should live.

An Appointment of Guardian can also include your wishes on end of life issues.

It is important to put these measures in place whilst you are mentally and physically able to do so. This will enable possible future problems to be dealt with according to your wishes and avoid the involvement of the Guardianship Division of the NSW Civil and Administrative Tribunal in appointing government bodies to make such decisions on your behalf.

Capacity

“Capacity” refers to an individual’s ability to make his/her own decisions particularly in relation to issues such as health, finance, legal responsibilities and lifestyle choices. Daily decision making can range from simple decisions such as what you would like to eat or whether you would like to visit someone or may involve decisions as to where you should live, whether you should enter a nursing home or make a Will.

Capacity is vital to making decisions about legal matters including signing a Will, buying and selling property, entering into contracts and taking on mortgages. Issues of capacity often arise for older clients or clients who may be suffering from mental or physical disabilities and ill health. It is therefore essential to assess a person’s capacity before legal decisions are made and to determine whether a substitute decision maker should instead be appointed.

With our experience we are able to assist with complex issues of assessing capacity and applications to the Guardianship Tribunal for or appealing the appointment of substitute decisions makers.