Wills & Estates
Power of Attorney for Property
This legal document allows you to appoint someone to act on your behalf and manage your financial affairs if for some reason you are unable to do so. You can specifically set out how you would like certain aspects managed and the person whom you chose to appoint must always act in your best interests.
It is important to carefully think about who would best manage your financial affairs.
If you do not have a Power of Attorney for Property and you lose capacity, your loved ones may apply for Guardianship through the courts, which is costly and time consuming. In the alternative, the Office of the Public Guardian and Trustee will make decisions concerning your financial affairs.
Power of Attorney for Personal Care
This legal document allows you to appoint someone to act on your behalf and make decisions concerning your health and medical care. This document may also contain specific directions or wishes about future personal care and treatment.
It is important to carefully select who you appoint and generally it is common practice to appoint family members as these individuals have the best understanding of your wishes regarding health care, nutrition, shelter, clothing, hygiene and/or safety.
You may consider appointing the same person in both your Power of Attorney for Personal Care and Property and there are both advantages and disadvantages to doing so.
Wills
Having a will is very important. This sets out how your assets are to be divided. You can also set out who you and your spouse choose to look after your children. This is something that should be the same in both parents’ wills. You should vary your will when you get married, divorced, have children or when your assets significantly change.
It is important to have a will drafted by a lawyer so that you understand the legal impact of your will and to ensure it is valid in order to avoid any issues or disputes in administering your estate. It is also important to draft your will so that certain assets avoid probate. With the assistance of a lawyer in drafting your will, you can effectively organize your affairs and set out your wishes. This increases the chances of a smooth estate administration without dispute or court involvement.
Estate Administration
It is important if you have been appointed as a Trustee either by a Will or the Court, for you to fully understand your duties as an Estate Trustee. You may also require legal advice and assistance when it comes to administering and dealing with the estate’s assets in accordance with the Will.
Services
- Power of Attorneys for both property and health
- Wills – primary and secondary wills
- Administering of Estate
- Probate