Wills, Powers of Attorney and Enduring Guardians

Do you have an effective Will?

A Will is one of the most important documents that you will have prepared in your life.

All too often we see the distress and frustration families suffer when somebody dies without a Will, or without a properly drafted Will which fails to convey the intent of the deceased, or take advantage of estate planning and taxation opportunities. When making a Will, the advice of an experienced solicitor makes all the difference.

Unfortunately, it is of course too late to remedy a poorly drafted Will once a family member has died. Often what is left is a myriad of problems for the executor and beneficiaries to deal with, made worse by costly delays that could easily have been prevented. Or it may be a matter of living with a situation which could have been made more effective, for example from taxation, convenience or cost perspective, by having a properly drawn Will.

Our experienced solicitors are able to assist you in recognising and taking advantage of opportunities that will benefit your family in the future.

What about a Power of Attorney and Enduring Guardian?

There are a wide range of advantages to appointing a Power of Attorney and Enduring Guardian, no matter what your age or circumstances.

Powers of Attorney

It is essential to make a Power of Attorney before you require it.

Basically, giving someone a Power of Attorney allows that person to handle your financial and property affairs, if you are unable to do so yourself. A Power of Attorney is needed if you become mentally or physically unable to attend to your own affairs. If you become incapacitated without a valid Power of Attorney, it will be necessary for your next of kin to make an application to the Guardianship Tribunal. The Guardianship Tribunal takes control of your estate, and will decide how your financial affairs will be handled.

You may appoint more than one person to be your Power of Attorney, and you can specify the conditions of the appointment. These conditions include when you would like the Power of Attorney to commence, what special powers your attorney may have, any restrictions on the authority etc. As long as you have the capacity to do so, you may change or revoke your Power of Attorney at any time after you make it.

Enduring Guardianship

There may come a time in your life when you become unable to make your own personal, health or lifestyle decisions. If so, decisions will need to be made about things such as where you live, what medical treatment, personal services and health care you receive.

Appointing an Enduring Guardian authorises a person of your choice to make such decisions on your behalf, provided they are in accordance with the law and in your best interests. An Enduring Guardian has no authority to make decisions for you unless you become incapacitated.

It is possible for you to choose which decision making areas you want your Enduring Guardian to have, and these may be as many or as few as you like. You can also include directions to your Enduring Guardian as to how you wish for them to carry out their role.

Appointing an Enduring Guardian is a way of ensuring decisions is made by the persons you trust the most in this regard.

Your Investment

Single Person

Couples

(The above prices are subject to increase if your instructions require more complex documentation).

Please feel free to contact either Lisa Delalis or John Bateman at Bateman Battersby on (02) 4731 5899 or email to willsestates@batemanbattersby.com.au to enquire about making a Will, Power of Attorney or Enduring Guardian.

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Wills, Powers of Attorney and Enduring Guardians