Back yourself and get the trifecta of a will, enduring power of attorney and appointment of enduring guardianship.
Benjamin Franklin said there are two certainties in life, death and taxes. In the 21st century, there are some other eventualities including family disputation and longer life expectancy.
For many people, before they pass away they lose either the physical or mental capacity to be able to manage their own affairs.
To ensure that decisions about your future financial and living and medical arrangements are made by people who you trust, you can grant an enduring power of attorney and also an appointment of enduring guardianship. Those two documents are effectively the “daily double” safe bet that everyone should make.
The third leg of the safe legal bet is to make a will. If you provide instructions to us for the preparation of your enduring Power of Attorney, appointment of enduring guardianship and a will, that means that while you are alive (if you lose the ability to manage your affairs) that the dignity of decisions will remain with the people you have appointed (usually family members or trusted friends).
If you choose not to have these documents in place and you lose the capacity to make decisions for yourself, there is a process involving an application through NCAT for what is known as a “guardianship order” and also a “financial management order”. That process can take some time and it can be distressing for family members if there is a delay of several weeks until the NCAT process has occurred.
If you want to make things straightforward and simple for you and your family, contact us to give us instructions to make a will, enduring power of attorney and appointment of enduring guardianship.
This article was published on 05/12/22 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
