Elder Law and Estate Planning
Look into the future and what do you want to see? ... most of us hope to see a rosy future for ourselves and our loved ones.
Whilst no one can really see into the future we can ensure that if misfortune does befall us we have taken precautions, at least in one field, to assist our families to cope.
This can be done quite simply by ensuring that we have a Will, a Power of Attorney and the Appointment of an Enduring Guardian. Some people think that these documents take away their control over their affairs. This is not so. None of these appointments can be made once you lose "mental capacity". So to ensure that you do not leave your loved ones with problems that can be easily avoided we suggest you contact Meehans before you lose "all your marbles" or die !!!!
A Will of course, only operates when you die. So you can make a new Will every day if you wanted to, but it is the last one that counts. However, a Will can be challenged in the Court by certain people, so that in making your will you must have certain people and things in mind in order to lessen the likelihood of a challenge.
A Power of Attorney gives your Attorney the power to deal with your financial affairs. It does not preclude you from still dealing with your financial affairs and can contain all sorts of conditions as to its use by your Attorney (e.g. "Only while I am overseas") and can be revoked.
If you decided to make your Power of Attorney an "Enduring Power of Attorney" this means that if you no longer have the mental capacity to manage your own financial affairs the Attorney does so, but your conditions prevail.
Appointment of an Enduring Guardianship gives your appointed Guardian the right to make personal or lifetime decisions on your behalf when you are not capable of doing this for yourself. You can give your Enduring Guardian as many or as few functions as you like (e.g. to live in a hostel or a nursing home or to give consent to major or minor treatments, but cannot override your objections to medical treatment).
Enduring Power of Attorney and Dying Without a Will Brochures
Please download the Brochures on both Enduring Power of Attorney and Dying Without a Will from here.
Note:You will need Adobe Reader to view these files. Download it for free here if you cannot open these brochures.