A Will is often the last thing that anyone wants to think about. Sometimes it reminds us of a bad experience following the passing of a loved one and sometimes we just don’t want to think about the idea of death. However, by not leaving a will you may be leaving your loved ones with headaches and heartache.

A Will is a document which is prepared that records your wishes for the distribution of your estate and property after your passing. This is important as if you pass away without leaving a valid will, it will be up to your next of kin to make an application to the Supreme Court for letters of administration in order to deal with your assets. This can be a difficult and time-consuming process that can be avoided.

Whilst your Will may detail how certain items of property are to be dealt with, we also recommend that you will include details of your preferred funeral arrangements, any funeral violent or insurance plan that you are taken out and a number of other items which you may not consider until it’s too late.

Some things to consider when you are deciding how your estate should be dealt with:

• Who do you want acting as your executor to handle your estate? If they were unavailable who would be your second choice?
• If you have young children, who would you want to be there guardian (particularly if your spouse were also to pass away)?
• Do you have any specific gifts that you wish to make to somebody? I.e. a specific sum of money, a family heirloom or similar
• do you still have superannuation? And if so, does your fund require a binding nomination?
• Is there anyone that you were specifically leaving out of your will? If so, why? And do you think that they may contest your will?
• Do you need to get advice from an accountant prior to drafting you will?

At Glaister Legal, we have experience in drafting straightforward and complex Wills. Let us help you take the stress off your shoulders of worrying about what may happen after your passing.

We also offer discounts where multiple Wills or a combination of Wills and Power of Attorney are completed.

A general Power of Attorney is a document which appoints another individual to make specific or general decisions on your behalf in the event that you are unable to. Unlike an Enduring Power of Attorney or an Appointment of Medical Decision Maker, a general Power of Attorney does not continue to operate in the event that you lose decision-making capacity and does not allow the attorney to make any form of medical decisions on your behalf.

General powers of attorney are useful in specific circumstances such as to allow agents to act on your behalf in commercial transactions, where you travel overseas or otherwise away from your usual place of residence for an extended period; or where it is otherwise necessary to allow another to exercise your rights on your behalf. However, as these documents cease to operate in various circumstances, we do not recommend that they be relied upon for long-term planning (in which case we recommend Enduring Powers of Attorney).

An Enduring Power of Attorney is a document made under the Powers of Attorney Act 2014 (VIC) which allows another to make decisions and act on your behalf even in the event that you lose the mental capacity to make decisions for yourself. Unlike a general Power of Attorney, an Enduring Power of Attorney continues to operate until such time as it is revoked by you, by order of the Victorian Civil and Administrative Tribunal; or on your death.

An Enduring Power of Attorney allows your attorney to make any decision relating to your personal or financial matters that yourself could make. For example, your attorney would have full access to your bank accounts, the ability to enter into a contract of sale to buy or sell property on your behalf, mortgage your property or enter into any other binding legal document on your behalf. Additionally, in the event that you lose decision-making capacity, your attorney will dictate where you live and other related personal matters.

When making an Enduring Power of Attorney, we recommend that you appoint only someone who you trust and respect and who you believe will act in your best interests. Although an attorney is subject to scrutiny and there are certain limitations imposed under the Power of Attorney Act, it is also possible to include limitations within the Power of Attorney itself is to specifically what an attorney can and cannot do on your behalf.

We recommend enduring powers of attorney for the elderly (to ensure that their affairs able to be managed when they can no longer do so themselves) or if there is a chance that you may be travelling internationally and be away from Australia for a significant period of time.

It is important to ensure that these documents are prepared and executed properly to ensure that they can be relied upon. Authorities such as Centrelink and financial institutions are unable to deal with an attorney if the Enduring Power of Attorney document has been improperly prepared.

Please note that an attorney does not have the right to view your Will, remove it from a solicitor’s office or otherwise deal with your Will.

Please visit our Contact Us page or call our office on (03) 9052 5101 should you have any questions or wish to make an enduring power of attorney.

Formerly known as an enduring medical power of attorney (medical treatment), an Appointment of a Medical Decision-Maker is a document made under the Medical Treatment Planning and Decisions Act 2016 which allows an individual to make medical decisions on your behalf in the event that you are unable to (such as if you lose decision-making capacity).

Under an appointment of medical decision-maker, you are able to appoint a single decision-maker who will have sole responsibility for your medical treatment and then an alternate decision-maker in the event that your primary appointment is unavailable or unable to act on your behalf.

We also recommend that at the same time as you execute an appointment of medical decision-maker, that you also prepare an advanced care directive with your doctor. This will give your medical decision-maker some guidance as to your preferred wishes and can be kept in our strong room with your appointment of medical decision-maker until it is needed.

Things to consider for appointment of medical decision-maker:

• Who will be most available and competent to make medical decisions on your behalf?
• Will they be able to make informed decisions as to your medical treatment in consultation with your doctors and family members?
• Should you also make an advanced care directive with your doctor and provide a copy to your medical decision-maker?

It is important to ensure that the document prepared in accordance with the Act and executed properly to ensure that it can be relied upon.

Please visit our Contact Us page or call our office on  03 9052 5101 if you have any questions.