Wills & Powers of Attorney

Wills

A will is a formal document stating a person’s instructions as to how their property is to be dealt with after their death. How your passing financially impacts your loved one’s can be complicated by many things such as

what you own,
how you own it,
who you wish to give it to, and
how you wish to give it

If done right, your will can be a powerful and important document for securing your property, your family and your legacy.

We can help make your wishes clear, but we cannot provide financial advice. So before you book an appointment with us we encourage you to speak with a trusted accountant or financial advisor about what is best for you and your family.

Power of Attorney

A Power of Attorney is a legal document whereby one person grants another person the authority to make legal and financial decisions on their behalf.

It can be used in several ways – from having another take care of your affairs whilst you are travelling, to ensuring your loved one’s have the legal ability to help you in times of extended illness.

Enduring Power of Attorney

An Enduring Power of Attorney takes this a step further. It allows the person nominated to manage the affairs (the “Donee”) to continue to do so even after the person who gave them the power (the “Donor”) is found to have diminished mental capacity due to injury or illness.

This arrangement can remain in place as long as the donor is still alive.

A Power of Attorney or Enduring Power of Attorney can be prepared in two ways.

to come into effect immediately and to continue once the donor suffers a loss of capacity, or

to come into effect at a future time (such as the onset of mental incapacity)

Advanced Health Directives/ Appointment of Enduring guardians

An Advance Health Directive (QLD) or Appointment of Enduring Guardians (NSW) is a legal document whereby you grant the right to make decisions in regard to your health and living arrangements to another person. This comes into effect only when you are deemed to have lost the ability to make decisions for yourself and gives your family the right to speak to health professionals about your medical situation and also to make the decisions necessary to carry out your wishes in regard to medical treatment options.

Signing

In order to sign any of the abovementioned documents, the donor/will-maker must be capable of understanding the nature of the document they are signing and its effect. It is therefore important in situations where a Power of Attorney must be appointed or a Will made, that it is done so in a timely manner.

In circumstances that make the Donor’s/ will-maker’s capability to understand unclear, such as in the case of mental illnesses that onset gradually, it is likely that we will require the Donor/will-maker to provide us with a letter from their doctor that confirms their capability.

Legal matters are often confusing and the outcomes can deeply affect your life. Here at Viana Lawyers what we do best is provide good, solid, understandable legal advice.