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  • Trust

    Trust

    • Acknowledgement of Trust (already own asset) - $165
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Trustee of Family Trust - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Release of Unpaid Trust Entitlement - $121
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • Superannuation

    Superannuation

    • Acknowledgement of Trust (already own asset) - $165
    • Commercial Lease - $275
    • Declaration of Trust (before you buy) - $110
    • Derivative Risk Statement for SMSF - $65
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Pension Pack for Self Managed Super - $299
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
  • Estate Planning

    Estate Planning

    • Codicil to change the Executor - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Power Of Attorney By Company - $99
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
  • Commercial

    Commercial

    • Advanced Legal Health Check for Businesses - $18
    • Buy a House with Friends Agreement - $110
    • Commercial Lease - $275
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Forgiveness of Debt - $121
    • Loan Agreement (No Security) - $110
    • Release of Unpaid Trust Entitlement - $121
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
  • Employment

    Employment

    • Confidentiality Agreement (Non Disclosure) - $99
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Independent Contractors Agreement - $110
    • Partnership Deed - $220
    • Statutory Declaration - $0
  • Company

    Company

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Registered Office kit - $33
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment Contract - $120
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Power Of Attorney By Company - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • Statutory Declaration - $0
    • Transfer of Shares Kit - $0
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • CPD Webinars

    CPD Webinars

    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - Unlocking Microsoft 365 Copilot - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
  • All documents

    All documents

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Advanced Legal Health Check for Businesses - $18
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Registered Office kit - $33
    • Change Trustee of Family Trust - $110
    • Codicil to change the Executor - $99
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - Unlocking Microsoft 365 Copilot - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Derivative Risk Statement for SMSF - $65
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Disclaimer - Email - $55
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Pension Pack for Self Managed Super - $299
    • Power Of Attorney By Company - $99
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Transfer of Shares Kit - $0
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
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Who do you trust? Choose your Enduring Power of Attorney while you still can

Issue: 409 - Monday, 21 May 2012

In this Issue

  1. Who do you trust? Choose your Enduring Power of Attorney while you still can
  2. Joseph Santhosh - Tax and Commercial Lawyer

1. Who do you trust? Choose your Enduring Power of Attorney while you still can

Although we never plan to get ill, the reality is that life can throw all manner of things at us.  It is possible that through either accident or illness you may become temporarily or permanently unable to make decisions for yourself.  You might have a stroke, become mentally ill, or even receive brain damage as a result of an accident playing sport on the weekend.

No one wants to think about these things happening, but if it does occur you need to have something in place so that someone can legally make decisions for you.  As you well know, the rest of the world does not stop if something happens to you.  Bills still roll in and your shares and property still need managing.

An Enduring Power of Attorney allows you to give a person of your choice the authority to make decisions on your behalf if you find yourself incapable of conducting your affairs at any time in the future. 

An Enduring Power of Attorney is also useful in other situations.  You could appoint an Attorney to conduct business on your behalf if you are not physically able to attend to your affairs.  This could either be through a physical disability limiting your mobility or simply because you are overseas or out of town for long periods of time.  By granting an Enduring Power of Attorney, a representative can conduct your affairs on your behalf according to your wishes.

What does it cover?

An Enduring Power of Attorney generally covers financial and legal matters, including the power to sell property.  Even though you appoint an Enduring Power of Attorney to cover these matters you have the power to put conditions or restrictions on what decisions can be made on your behalf.

In some states an Enduring Power of Attorney can cover decisions about medical treatment, for example decisions about medical or surgical procedures, appropriate long term care or whether a life support machine is switched off.  However, this is not the case throughout Australia and other legal avenues must be followed relating to decisions about medical treatment. 

Platinum Members read on...

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You will need to check your own state or territory’s requirements about what matters will be included in an Enduring Power of Attorney. If you live in New South Wales, Queensland, South Australia, Western Australia or Victoria, you can build your own Enduring Power of Attorney on Law Central. Each Enduring Power of Attorney on Law Central takes into account the different requirements of the state you reside in.

Regardless of whether medical or personal matters are included, an Enduring Power of Attorney is important as it can cover crucial decisions which need to be made on financial or legal matters when you are not able to make those decisions yourself.

Who should you appoint as an Enduring Attorney?

The short answer to this question is: appoint someone you trust.

The person or persons you appoint are making decisions for you while you are unable to, so it needs to be someone you trust.  It can, but it does not have to be, a professional such as a lawyer.  A relative or friend could also fulfil this role.  In fact they can be the most logical choices when considering who would best know your interests.

Although one person is most commonly appointed, this does not have to be the case.  You can appoint different people for different things, or you could appoint more than one Attorney to exercise their powers jointly. 

Platinum Members read on...

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If you appoint more than one attorney you need to consider carefully whether you appoint them as “Joint” or “Joint and Several” Attorneys.

  • If you appoint them as Joint Attorneys:
    • they can only do things for you if both sign off on the thing to be done (for instance for bank transactions, the Bank would require both signatures); and
    • if one dies or ceases to be capable of acting, then the other Attorney cannot act alone unless they apply to a Court or Tribunal for approval to do so.
  • If you appoint them as Joint and Several Attorneys:
    • either of them can act independently to do things for you; and
    • if one dies or ceases to be capable of acting, then the other Attorney can continue to act alone.

You could also appoint a Substitute Attorney who could act if your appointed Attorney becomes incapable of making decisions or has died.

As they will make decisions for you, it is a good idea to discuss your wishes with your Attorney both generally and in specific situations so that they will know what your wishes are.

Whomever you appoint as an Attorney must:

  • be at least 18 years old;
  • be of sound mind, that is, they must also have the capacity to make decisions; and
  • agree to be your Attorney.

When does it come into effect?

You generally have the ability to nominate whether you want the Enduring Power of Attorney to come into effect immediately or only when, or if, you are incapable of making decisions. 

More information for Platinum Members...

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What are the formal requirements?

All states and territories require the person making the appointment and the person/s being appointed to have full legal capacity at the time of the appointment.  This means all parties must be over 18 years of age and have the mental capacity to make decisions.

The person you appoint must accept the appointment as Attorney.

If you grant your Attorney power to sell property this will need to be registered with the relevant state or territory land titles office.

There are other formal requirements (both as to form and witnesses), but these vary between states and territories.  You will need to check your own state or territory’s requirements.  If you live in New South Wales, Queensland, South Australia, Western Australia or Victoria, Law Central’s Enduring Powers of Attorney takes into account the differing requirements of these states.

What must the appointed Attorney do?

Firstly, the person you want to appoint as your Attorney must agree to being appointed.  If they agree, once they are appointed they have certain legal duties.  They must:

  • consider your interests when making decisions as your Attorney;
  • take care of your property;
  • avoid conflicts of interest; and
  • if necessary, prove that they have been appointed as your Attorney.

Both the decision to act as an Attorney and the legal duties which come with it are significant.  Your choice of person and their acceptance of this role needs to be considered carefully.

Does an Enduring Power of Attorney last forever?

You have the ability to revoke your appointment of an Enduring Power of Attorney at any time.  It can be done in a number of ways including via a Revocation of Power of Attorney. For further information, contact the team at Civic Legal.

It is also important to note that an Enduring Power of Attorney ceases upon the Appointer’s death.  Once a person dies, the provisions made in their Will or, if the person dies without a Will, the intestacy provisions will decide how the estate is distributed.  As discussed in last week’s Bulletin, Will you add it to your EoFY checklist?, it is also vitally important that you have a valid Will so that you can decide how you want your assets to be divided.

What do I do now if I want to set up an Enduring Power of Attorney?

If you live in New South Wales, Queensland, South Australia, Western Australia or Victoria, you can build your own Enduring Power of Attorney on Law Central.

  • Enduring Power of Attorney - NSW
  • Enduring Power of Attorney - QLD
  • Enduring Power of Attorney - SA
  • Enduring Power of Attorney - WA
  • Enduring Power of Attorney - VIC

If you don’t live in these states or you want to discuss your needs personally, contact the team at Civic Legal to assist you with setting up your Enduring Power of Attorney.

As we are coming to the end of financial year, the traditional focus is on finances.  Appointing an Enduring Power of Attorney should be an important step in protecting your assets and finances against whatever life throws you in the future. 

What do I do if my Enduring Power of Attorney does not cover medical or personal matters?

Generally, if decisions about medical matters are not allowed to be made under an Enduring Power of Attorney then they can usually be made under a Living Will or an Enduring Guardianship. 

  • Living Wills (also known as Advance Health Directives, Medical Directives or Declarations) allow you to set out in advance decisions about future treatment that you will, or will not, accept if you lack the capacity at the time to consent to it. 
  • An Enduring Guardian can be nominated by you in advance and appointed by the Court or a Tribunal for times when you lack legal capacity to make decisions.  Enduring Guardians, like Enduring Powers of Attorney can be subject to restrictions on the power that you grant to them.  Enduring Guardians can also be given the power to make decisions about other personal matters such as your long term living arrangements. 

There are formal legal requirements which must be met for both of these instruments.  It is highly advisable to get sound legal advice if you intend to apply for an Enduring Guardian or make an Advance Health Directive so that you can be sure it will apply only in the circumstances you want it to.

Build Your Own Legal Document

  • Enduring Power of Attorney - NSW
  • Enduring Power of Attorney - QLD
  • Enduring Power of Attorney - SA
  • Enduring Power of Attorney - WA
  • Enduring Power of Attorney - VIC
  • Will - Married Or Defacto With Children
  • Will - Married Or Defacto No Children
  • Will - Single With Children
  • Will - Single No Children

Bulletin Bookshelf

  • Issue 408: Will you add it to your EoFY checklist?
  • Issue 407: Leasing Business Real Property from SMSF
  • Issue 406: Vengeful Spouse Strips Cash from SMSF - Now what?
  • Issue 405: Self-Managed Superfunds - The Forgotten Estate

Keywords:
Enduring Power of Attorney, New South Wales, Queensland, South Australia, Western Australia, Victoria, assets, finances, property, illness, accident, decisions, choice, medical treatment, will, guardianship, trust, professional, relative, friend, attorney, capacity, duties, interests, revocation, living wills, enduring guardian, advanced health directive.


2. Joseph Santhosh - Tax and Commercial Lawyer


We are very pleased to announce that Joseph Santhosh has joined the Civic Legal Tax and Commercial Law Team.

Joseph Santhosh

Joseph Santhosh
MCommercial Law, LLM, LLB, BEc, FCPA, FTIA
Senior Associate
Joseph.Santhosh@civiclegal.com.au

Joseph is a tax and corporate/commercial lawyer with 10 years’ experience in top-tier, mid-tier and boutique law firms in Melbourne and Perth. Joseph provides specialist tax advice and drafts commercial agreements for accountants, private and public listed companies, trusts, partnerships, family groups and high net worth individuals whose businesses range in turnover from $1 million to $100 million, in their business structuring and restructuring, acquisitions and divestments, joint ventures and alliances, business succession and estate planning, capital raising and company listing on the ASX.

Prior to entering law practice in Melbourne, Joseph worked for 4 years as an investment banker in corporate finance, privatisation and project finance, where he was involved in the public flotation of companies, takeover of public listed companies, restructuring schemes, joint venture projects and corporatisation of government entities.
Civic Legal’s Tax Lawyers practise across a wide range of tax law areas.

 

Taxation Law

  • Taxation of Trusts
  • Business Structures & Restructuring
  • International Tax
  • Tax of Mergers & Acquisitions
  • General Corporate Tax
  • Income Tax
  • Capital Gains Tax
  • GST Advice
  • Stamp Duty Structuring
  • Succession & Estate Planning
  • Private Ruling Applications to the Australian Tax Office
  • Resources Tax
  • Not-for-Profit Tax

Taxation Fraud & Litigation

  • Tax Fraud
  • Stamp Duty Objections to the Office of State Revenue and Appeals to the State Administrative Tribunal
  • Tax Objections to the Australian Taxation Office
  • Tax Litigation including Tax Appeals in the Federal Court and Administrative Appeals Tribunal

Superannuation Law 

  • Self-Managed Superannuation Funds Advisory


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