Christmas seems to come quicker each year. So too does the deadline that you promise yourself that certain chores will be accomplished by. If you‘re one of those people that has realised that they should “probably do something about their Will”, now is the time to do something about it, BEFORE you go travelling over the summer holidays.

Feeling smug because you already have a Will? Well, before you get too carried away with congratulating yourself on job done, make sure that you know exactly what your Will says. If it still refers to Uncle George, who passed away last year, as your Executor, then you may have problems. You should get out your Will every year to review and ask yourself, Does this reflect what I would want to happen if I were to die tomorrow? If not, then it is time to update.

OK, so you have a Will and it reflects your current wishes. Excellent. There are however still a few more boxes to tick before you pack the car. These concern who will look after you and your affairs while you are still alive but are incapable of doing so yourself. There are generally three types of legal documents (depending on where you live) that allow someone else to make decisions for you when you are unable. These are an:

1. Enduring Power of Attorney,
2. Enduring Power of Guardianship, and
3. Advanced Health Directive.

Enduring Power of Attorney (‘EPA’)

An EPA enables you to appoint a person to make financial and/or property decisions on your behalf. An EPA can work whether you are unable to make these decisions yourself due to a loss of capacity, or are simply unavailable.

Enduring Power of Guardianship (‘EPG’)

An EPG enables you to appoint a person to make personal, lifestyle and treatment decisions on your behalf. An EPG comes into operation when you lose the ability to make these decisions yourself because of an illness or injury.

Advance Health Directives (‘AHD’)

An AHD enables you to set out in a document what medical, surgical or dental treatment and other health care you would, or would not want to receive if you are unable to make reasonable judgments about a treatment decision at the time the treatment is required.

How do I put these in place?

Each state and territory has their own rules as to the execution (signing) requirements of each “Power”. Gold and Platinum members read on for a breakdown of the witnessing requirements for each state.

Law Central offers a broad range of Estate Planning documents covering most jurisdictions which can be put in place quickly, so there is no excuse for failing to complete this chore before the holidays.

From all of the team at Law Central, we wish you a merry Christmas and happy new year.

Build these documents now:

•  Enduring Power of Attorney - NSW
•  Enduring Power of Attorney - SA
•  Enduring Power of Attorney - VIC
•  Enduring Power of Attorney - WA
•  Enduring Power of Attorney (Financial, Personal/Health) - QLD
•  Enduring Power of Attorney (Medical Treatment) - VIC
•  Enduring Power of Guardianship - NSW
•  Enduring Power of Guardianship - VIC
•  Enduring Power of Guardianship - WA
•  Enduring Power of Guardianship - WA
•  Will - Married or Defacto No Children
•  Will - Married or Defacto With Children
•  Will - Single No Children
•  Will - Single With Children