Wills & Powers of Attorney

It is very important to have a will. A will is a legal document which records your wishes as to the distribution of your assets when you die. This may include your house, land, car, shares and bank accounts. Ideally all persons aged 18 years and older should have a will. A will not only provides peace of mind for the person making the will, but also for that person’s family when they pass away. If you die without a will (called “intestacy”) then your estate will be distributed according to the laws of intestacy, which may not be how you wish for the distribution to occur and you will not be able to choose the person who administers your estate.

It is just as important to have a power of attorney. If you do, then a person of your choice may make decisions on your behalf if you lose capacity during your lifetime, or at any other time nominated by you. If not, then your family members may have greater difficulty in dealing with banks and government organisations on your behalf at an already testing time.

If you would like to plan the medical treatment or health care you receive in the event you lose capacity, such as assisted ventilation, then you can do so by making an Advance Health Directive.

Wills, power of attorney and advance health directive documents should be regularly reviewed. In particular, when major life events happen such as marriage, divorce, changes to your asset pool, changes to your health, or a change in circumstances to a person named in your will or power of attorney documents.