News

February 11, 2022

Getting your affairs in order – Wills and POA

The recent pandemic highlights the importance of having your affairs in order.  There are many things to consider including, Powers of Attorney – are they in place?  Do you have a Will?  Is it up to date?

Powers of Attorney  operate while you are alive.  You attorney steps into your shoes and makes decisions on your behalf, in your best interest while you are unable to.

There are two types of Power of Attorney.  One is for your personal care and welfare.   This is about where you live, what medical treatment you get etc.    This Power of Attorney only kicks in when you are mentally incapable.  If you cannot communicate then you are mentally incapable.  Alternatively, a doctor has declared you mentally incapable.

The other type is about all your assets and is known as a property Power of Attorney.    This power of attorney can be in place now (helpfully if you are going overseas) or only when you are mentally incapable.   You can have one attorney or a number of people as your attorney, acting together or individually.

Your Will comes into effect on your death only.    It appoints:

  • Executor(s), who carry out your wishes and sign all paper work;
  • Guardians for minor children;
  • Beneficiaries who receive gifts and/or the residue of your estate, after paying all debts and funeral costs.

Your will can include instructions on how and where you would like to be laid to rest.

No matter what age or stage of life you are, we recommend you have current Powers of Attorney and a Will in place.  You never know when you may have an accident or illness.   If such as event happens to you, your family are already stressed.  Not having your affairs in order or dealing with an intestacy adds further stress to your family.