WILLS

A Will is a formal legal document that empowers you to make decisions on how your estate will be managed and distributed after death. The will allows you to:

• appoint an executor to administer your estate;
• nominate beneficiaries to inherit your estate;
• leave directions regarding the appointment of guardians for young children
• make funeral and organ donation arrangements.

If a will is not made or the will is declared invalid, you are declared to have died intestate .  If this occurs your assets are distributed by the Public Trustee as they see fit.  Your property could become the property of the state or distributed to people whom you  dislike or with whom you are not acquainted.

A will helps ensure that your wishes are carried out,  and it can make things simpler and easier for your heirs and family.

It is particularly important that the will is changed after family law matters have resolved.

ENDURING POWER OF ATTORNEY

An Enduring Power of Attorney is a legal document whereby you give another person the power to make decisions in relation to financial or health matters or both.

To make an enduring power of attorney you must be an adult capable of making your own personal and financial decisions. Having the capacity to make decisions means that you can:

• understand the nature and effect of a decision
• freely and voluntarily make those decisions; and
• communicate the decisions in some way.

You also need to understand the nature and effect of an enduring power of attorney including the contents of the document, consequences of preparing the document and when the power begins.

An enduring power of attorney can be revoked at any time providing you still have the mental capacity to do so.

ADVANCED MEDICAL DIRECTIVES

An advance directive is a written document whereby you define what type of medical care you want in the future, who you want to make decisions for you should you lose the capacity to make decisions for yourself.

Having an advance directive provides you with assurance that your wishes in relation to   medical treatment will be upheld at a time when you are not able to express these wishes yourself. Having an advance directive may also prevent the need for a guardian to be appointed on your behalf through the courts

Having an advance directive is not compulsory it is completely voluntary. No family member, hospital, or insurance company can compel you to have one, or dictate what the document should say if you decide to write one.

There are three types of advanced medical directives. These are an enduring power of attorney for health care, a living will, and a do-not-resuscitate declaration.

There is also a declaration whereby you can donate your body to science to take effect when you die.