A Will is a document setting out your intentions for what you own that takes effect when you die. It can cover things like how your assets will be shared, who will look after your children if they are still young, how much money you would like donated to charities and even instructions about your funeral.
While some people choose to prepare their own Will with a Will Kit, complications can arise. Such complications can include:
- the Will may be unclear as to what the intentions are;
- the Will may not have been witnessed and executed in a way required by the Wills Act 1997 (VIC);
- the Will maker may not have considered possible challenges to the Will, and
- the Will may be invalid.
The benefit of having Ballarat Lawyers assist you in the preparation of your Will is to give you peace of mind that the requirements of the law have been met and no foreseeable complications will make this time harder for your family.
Powers of Attorney
A Power of Attorney is a legal document that people use authorising another person to act on their behalf in certain circumstances. Depending on the power given, an attorney may be able to make decisions relating to financial matters, personal/living matters, legal and medical matters.
One of the most common types is an Enduring Power of Attorney which gives your representative authority to make financial and/or personal decisions on your behalf. This power would come into effect when it is signed and accepted, and continues to operate until it is revoked or the person giving the power is deceased, as long as the Attorney has capacity to act. Many people who are still capable of managing their own affairs grant a trusted family member or friend this power to ensure that if they ever lost the ability to manage their own affairs, the person they appointed may assist.
Another common choice for people is an Enduring Power of Attorney (Medical Treatment). An enduring power of attorney (medical treatment) allows you to appoint a person to make decisions about medical treatment on your behalf in the event that you lose capacity for any reason. In the legislation, the attorney is referred to as an “agent”. Your agent can be a family member, friend or professional person. You cannot appoint more than one person to make medical decisions for you.
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