Many people underestimate the complexity and significance of a will. It is important to understand that any ambiguity in a will can leave it open to be challenged and reinterpreted by a court. This can cause an extreme amount of stress, time and costs. It is often the case that a will dispute could have easily been avoided if a will was clearly set out and directions were clear. Our solicitors will be able to assist and draft your will in accordance to your instructions but also ask you relevant questions to ensure that you have covered all your property and any proposed and likely beneficiaries. Surprisingly, many Australians do not have a will, and this generally comes down to the inconvenience of preparing a will and the cost of seeing a lawyer to draft it. Another basic reason is that people are reluctant in facing issues that revolve around ones death. As a result of this, people have been turning to “do it yourself kits” and online will making services. These methods of will making, (although appear cheap and convenient at the time), can definitely compromise the quality of your will and may not accurately reflect the testamentary wishes of the testator, and also may not be capable of addressing complex and difficult estates, and with such matters, being subject to legal challenge and family disputes. We offer our fixed fee options for simple wills which is ultimately betting than taking the risk of on line or do it your self will kits.
An enduring Guardianship is granted to a person to make personal decisions on your (the Donor’s) behalf. An Enduring Guardianship is appointed by way of appointment via the Enduring Guardianship appointment document. In NSW an Enduring Guardian will usually be granted the power to make lifestyle decisions, such as the medical care the donor is to receive, where the donor is to live and the kind of personal services the donor is to receive. The Enduring Guardian appointment takes affect after to the Donor loses the capacity to make their own decisions. It’s a powerful legal document and it’s definitely a document that would require the consultation of a solicitor.
POWER OF ATTORNEY :
A Power of Attorney is a legal document that gives authority to another person – to make financial and legal decisions on your behalf. The power of attorney document is a legal document that allows you, the principal, to nominate one or more persons, referred to as attorneys, to act on your behalf. A general power of attorney gives the attorney the authority, if you choose, to manage your legal and financial affairs, including buying and selling real estate, shares and other assets for you, operating your bank accounts, and spending money on your behalf, as well as being able to sign documents on your behalf.
A general power of attorney ceases if you lose your mental capacity after its execution. If you wish the power of attorney to continue if you lose your mental capacity, you will need to use the Enduring Power of attorney prescribed form. An attorney under a general power of attorney cannot make decisions about your lifestyle or health. These decisions can only be made by a guardian, whether an enduring guardian appointed by you or a guardian appointed by the New South Wales Civil and Administrative Tribunal or the Supreme Court.
You may set whatever conditions and limitations on your attorney that you choose. An attorney must always act in your best interest. If your attorney does not follow your directions or does not act in your best interest, you should revoke the power of attorney. You or someone on your behalf should inform the attorney of the revocation, preferably in writing. The attorney must then immediately cease to act as your attorney. If anyone else, such as a bank, has been advised about the power of attorney, that person or entity should also be informed of the revocation.