Wills, Powers of Attorney and Advanced Care Directives

Posted by on May 5, 2020
Wills, Powers of Attorney and Advanced Care Directives

Wills and POAs

Every adult should have a will.

It is difficult and frightening to think about our own death and illness at the best of times, let alone in these days of uncertainty.

The thing that makes it easier for me personally to make preparations for when I become unwell or die is to think of what my family may be going through and what they will have to deal with at that time. What I want most of all, is to limit the difficulty they will have if I get so sick that I cannot make decisions for myself, or when I die.

That’s why I have a current will and powers of attorney. With these, I am as sure as I can be that my family is protected, and that gives me a bit of relief.

I have put together a bit of information about wills and powers of attorneys so you can see how important these are from a legal point of view. If you have any questions, please do contact us.

WILLS

If someone dies without a valid will, their assets will be divided according to what the law thinks is fair – which may not be what the person actually wanted. Their assets may not go to the people they would have chosen. If surviving family members think that what the Court has decided is unfair, they can challenge in Court and this can tie up any benefit from the will for years and cause strain and discord between family members and loved ones. All this could have been avoided if there was a valid will.

If you have minor children, a valid will records your wishes for who you would like your children to be cared for, but this is not a guarantee. The Court will have the final say on who will look after your minor children, but they do take into account what a person says in their will.

For a will to be valid, specific legal things must be done. Many people use Will Kits and get the very basics wrong, which can mean a lot of stress for those left behind. If you have a will, make sure it is valid. We can check your will for you in a free 30 minute consultation. Call us on 03 9416 7767 to make an appointment.

POWERS OF ATTORNEY AND ADVANCED CARE DIRECTIVES

While you are well, you can choose a person who will make personal and financial decisions for you if you cannot make decisions for yourself. You can also appoint a medical treatment decision maker who makes medical decisions on your behalf if you are unable to make those decisions for yourself. These are powers of attorney.

An advance care directive is a document you make with your loved ones, your lawyer and your doctor. This dcoument sets out your wishes on possible future medical treatment, including instructions about medical treatments you consent to or refuse, and your preferences regarding medical treatments.

Contact our lawyers on (03) 9416 7767 for a free 30 minutes discussion about wills and estate planning.

Here at Kerdo Legal we really do care.

Due to social distancing restrictions associated with COVID-19, we advise that all our staff are working from home until advised otherwise by government and health authorities. All client appointments take place via telephone, skype, or zoom until restrictions are lifted. We understand that face to face contact is often preferable, however we ask for your understanding and flexibility during this in this challenging time, as we endeavour to adapt the way we work to best protect our community.