WILLS, POWERS OF ATTORNEY/GUARDIANSHIP AND ADVANCED HEALTH DIRECTIVE

At FourLion Legal, we offer a range of services for the drafting and executing of Wills, enduring powers of attorney, enduring powers of guardianship and advance health care directives.

Wills

Our team can assist in ensuring your Will is legally valid and accurately reflects what is important to you.

We offer a complete range of ancillary services for succession planning, including assistance with Will drafting; advising on any potential persons who may have a claim against you; and providing advice on how to safeguard your Will from being challenged.

It is important to note that if you have children or get married, you will need to update your Will. Whilst marriage invalidates your Will, divorce does not necessarily invalidate your Will and as such, if you separate or get divorced you will should ensure that you update your Will.

You will also need to consider your superannuation and whether you have an up to date binding death nomination or alternatively, a nomination for your superannuation monies to go through your Will. During your consultation with one of our experienced solicitors, we will discuss the various options available to you with regards to your superannuation benefits.

If you would like to proceed, please contact us for a copy of our easy to complete Wills Instruction Sheet to complete prior to meeting with us.

Powers of Attorney

There are two types of Powers of Attorney:

  • 1. General Power of Attorney; and
  • 2. Enduring Power of Attorney

A Power of Attorney is a legal document which gives the person you elect the power to act for you in some circumstances. For example, you may wish to sell a property while you are overseas.

An enduring Power of Attorney, however, is a legal document which allows the person you appoint to make financial and property decisions for you in circumstances where you are considered legally incapacitated.

More than one attorney can be appointed and there are various considerations you should take into account when deciding whom this trusted person should be.

An Enduring Power of Attorney can come into effect even in circumstances where you have capacity but might physically be unable to manage your own affairs, e.g. you are overseas or are in hospital.

It is important to realise that a Will only comes into force when you pass away. At FourLion Legal, we can provide you with advice, prepare for you and attend to:

  • Limited Power of Attorney
  • Unlimited Power of Attorney
  • Limited Enduring Power of Attorney
  • Unlimited Enduring Power of Attorney
  • Revocation of Power of Attorney or Enduring Power of Attorney
  • Witnessing Powers of Attorney for various jurisdictions (where allowed)
Administration Orders

If a person does not have an enduring power of attorney and loses legal capacity rendering them unable to look after their financial affairs, then it is important to obtain an order from the State Administrative Tribunal and have someone appointed as the Administrator of the person’s estate.

If a loved one has been in an accident or is suffering from dementia, Alzheimer’s and/or a similar illness, then it will be prudent to obtain an administration order. Otherwise by transacting or using their money (even to pay for their own expenses) may on a worst case scenario be deemed a criminal offence.

Our experienced team of solicitors are able to provide advice on the evidence required to obtain such an order. We can also advise on the appropriate person to seek the order. Once an order is made, we can explain the terms of the order and your obligations pursuant to same.

Enduring Power of Guardianship

An Enduring Power of Guardianship is a legal document which authorises a person of your choice to make important personal, lifestyle and treatment decisions on your behalf, should you ever become incapable of making such decisions yourself. An enduring guardian could be authorised to make decisions about things such as where you live, the support services you have access to and the treatment you receive.

An enduring guardian cannot be authorised to make property or financial decisions on your behalf.

Our team at FourLion Legal can assist you in preparing your Enduring Power of Guardianship and provide you with the right advice as to what you should take into consideration when preparing this.

Guardianship Orders

Similar to Administration orders, if a person loses legal capacity, and is no longer able to make important personal, lifestyle and treatment decisions, then it is important to obtain an order from the State Administrative Tribunal and have someone appointed as the Guardian of that person.

Our experienced team of solicitors are able to provide advice on the evidence required to obtain such an order. We can also advise on the appropriate person to seek the order. Once an order is made, we can explain the terms of the order and your obligations pursuant to same.

Advanced Health Care Directive or Advance Health Directive (AHD)

An AHD is a legal document which enables you to make decisions now about the treatment you would want – or not want – to receive if you ever became sick or injured and were incapable of communicating your wishes. In such circumstances, your AHD would effectively become your voice. The term ‘treatment’ includes medical, surgical and dental treatments, including palliative care and life-sustaining measures.

Our team at FourLion Legal can assist you in preparing your Advanced Health Care Directive and provide you with the right advice as to what you should take into consideration when preparing this.

Please contact our friendly our team on (08) 9335 6643 or email us at reception@fourlionlegal.com.au if you require assistance in relation to any of the above matters.