Do I need an Enduring Power of Attorney
Do I Really Need an Enduring Power of Attorney?
It’s a common question I’m asked: “Do I really need an enduring power of attorney?”
The short answer is: if you want to choose who makes decisions for you if something unexpected happens, the answer is yes.
What is an Enduring Power of Attorney?
An enduring power of attorney is a legal document where you appoint someone you trust to make decisions on your behalf. These decisions can relate to:
Financial matters – paying bills, managing bank accounts, handling investments, or dealing with property.
Personal and health matters – deciding where you live, what services you receive, and medical treatment if you can’t speak for yourself.
Unlike a general power of attorney, an enduring power of attorney “endures” – it continues to operate even if you lose the capacity to make decisions yourself.
Why is it important?
Many people assume their spouse, partner, or children can automatically step in if they can’t make decisions. In reality, the law doesn’t work that way. Without an enduring power of attorney, loved ones may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your administrator or guardian. That process can be:
Time-consuming,
Expensive, and
Stressful – especially in already difficult circumstances.
The other reality is this: by the time an enduring power of attorney is actually needed, you may be unable to communicate your wishes. If you’ve had a serious accident, suffered a stroke, or developed a condition that affects your memory or reasoning, it will be too late to put one in place. That’s why it’s so important to prepare one while you can.
When should I make one?
The best time is now, while you’re well and capable. None of us know when an accident, illness, or even something as simple as a fall could suddenly change things. An enduring power of attorney is like an insurance policy: you hope you won’t need it, but you’ll be relieved it’s there if you do.
Who should I appoint?
Choosing your attorney is one of the most important decisions you’ll make. It should be someone you trust completely – someone who understands your values and will act in your best interests. Many people appoint a spouse, adult child, or close friend, but sometimes a professional is the better option.
Final thoughts
You don’t have to have an enduring power of attorney. But without one, you leave your family without clear authority to help you if you can’t act for yourself. By putting one in place, you’re making things easier for them – and protecting your future at the very moment you may need it most.
Undecided if an enduring power of attorney is right for you? Contact us for a confidential discussion today.
Free Grief Webinar
I recently participated in a webinar “Talking differently about Grief” hosted by the NSW Law Society and presented by Wendy Liu, a specialist grief counsellor.
Wendy offers specialist grief and counselling services and what I liked most about Wendy’s approach was the acknowledgement that although we will all grieve a loss at some point in our lives, we each experience grief differently. This is why saying “I know what you are going through…” is not always helpful.
If you would like to understand a little more about grief Wendy has a free pre-recorded webinar available on her website here.
Report into the Public Trustee of Queensland’s fees and charges released
The Public Advocate released her report today to the Attorney-General, The Honourable Shannon Fentiman MP on the review of the Public Trustee of Queensland’s fees and charges.
The Public Trustee provides financial management services to vulnerable Queenslanders, as well as will and estate administration services.
There were 32 recommendations made in relation to the Public Trustee’s services and engagement with its customers.
We understand the Public Trustee has already commenced a review of its operations, and fees and charges. One new initiative is the publication of Official Solicitor to the Public Trustee of Queensland fees and charges which are available here.
One of the key reforms includes the establishment of a Public Trustee Board to provide oversight and direction to the Public Trustee.
The full report may be accessed here.
Electronic lodgement of probates
The Supreme Court of Queensland has introduced electronic filing of applications for Grants of Probate or Letters of Administration in the Brisbane Registry.
Willwise is subscribed to the electronic lodgement platform. The secure electronic filing platform streamlines the process of applying for a grant.
It is important to note that applications for Grants of Probate or Letters of Administration made via the electronic lodgement platform will issue electronically.
We congratulate the Supreme Court Probate Registry on this initiative.
Electronic lodgement of applications is reserved for members of the legal profession.
If you would like Willwise to assist you with your probate application please call us on 07 3008 7714, book an appointment directly here, or request an appointment here.
Testamentary Guardians
If you were gone – what would happen to your kids?
It’s a really important question and quite frankly, not a very pleasant one to think about.
Did you know you can nominate guardians for your children in your will?
They are called “testamentary guardians” when nominated in your will.
I am sure your loved ones will be extremely grateful (if the need ever arises) that you have taken the time to appoint guardians for your children.
You can also provide guidance on the future care of your children.
You can provide guidance to your proposed guardians on decisions about your children’s future care, education and lifestyle.
The decisions you make can help your children and your family transition through their grief with a little less stress and chaos.
Like all aspects of your estate plan you should regularly review your choice of guardians and the guidance provided:
- Are they still appropriate?
- Are they still willing and able to act?
- As your children develop perhaps some of the suggestions you have made for their future education, extra-curricular activities and personal development may no longer be suitable or appropriate.
Regular reviews of the document will ensure it remains relevant to your children.
If you would like a checklist of items to consider when appointing a guardian send us an email and we will forward it to you.
The Pineapple Project Podcast: Death & Conversations about dying
This is the last episode of The Pineapple Project’s Podcast on death.
How do we talk to our loved ones about death? In what would have to be one of the most difficult conversations to have Jan Fran provides some personal tips and calls on the experts to offer suggestions and ideas on how you can talk about your death with those who matter most to you.
Click on the podcast icon below to link directly to the ABC broadcast.
Duration: 28min 18sec
Broadcast: Wed 1 Apr 2020, 2:00am
Credits
Producers: Karla Arnall and Clare O’Halloran
Sound Engineers: Angie Grant and Krissy Miltiadou
Theme Composer: Russell Stapleton
Host: Jan Fran
Executive Producer: Rachel Fountain
A production of ABC Audio Studios.
The Pineapple Project Podcast: Death & the Workplace
Grief and the workplace is not something that is openly discussed often.
What do you say to your colleague who has recently lost a family member, friend or pet?
If you have experienced a loss do you have the right to take leave from work to attend the funeral?
When is the right time to return to work after experiencing the death of someone close to you?
Click the podcast icon below to open a link directly to the ABC website where you can listen to episode 7 of The Pineapple Project Podcast on Death in the Workplace.
Duration: 26min 21sec
Broadcast: Wed 25 Mar 2020, 2:00am
Credits
Producers: Karla Arnall and Clare O’Halloran
Sound Engineers: Angie Grant and Krissy Miltiadou
Theme Composer: Russell Stapleton
Host: Jan Fran
Executive Producer: Rachel Fountain
A production of ABC Audio Studios.
The Pineapple Project Podcast: Death & Social Media accounts
In series 6 of The Pineapple Project Podcast Jan Fran investigates what happens to your social media profile after your death.
Digital assets and digital accounts are often overlooked in the estate planning process. It’s important to consider who you’d like to have access to your social media accounts after your death and what would you like them to do with those accounts?
Click on the podcast icon below to link directly to the ABC’s website and podcast.
Duration: 19min 16sec
Broadcast: Wed 18 Mar 2020, 2:00am
Credits
Producers: Karla Arnall and Clare O’Halloran
Sound Engineers: Angie Grant and Krissy Miltiadou
Theme Composer: Russell Stapleton
Host: Jan Fran
Executive Producer: Rachel Fountain
A production of ABC Audio Studios.
Do I need to obtain a Grant of Probate?
Do I really need a grant of probate?
I am often asked by executors whether they really need to obtain a grant of probate.
Unfortunately the answer is generally – it depends.
It will depend on where the assets are located, the value of those assets, and the type of assets (e.g. land, shares, bank accounts, artwork).
Other factors that may influence whether an executor applies for a grant include:
- concerns about the validity of the deceased’s will;
- inability to locate the original will; and
- concerns of a claim against the estate.
It is important to seek legal advice early on in the estate administration process to determine whether a grant should be obtained.
I suggest you put together a list of the estate assets and liabilities, or gather all the paperwork up, before seeking legal advice.
Willwise has a Probate and Estate Administration Checklist available for download.
I am happy to talk to you about the estate you are administering to help you determine whether a grant of probate will be required. You are welcome to call, email or schedule a quick 15 minute on-line appointment.
Advance Health Directives
Yesterday’s blog post linked to The Pineapple Project’s podcast on discussions in the ICU and the importance of advanced planning.
Advance Health Directives (or Advance Care Directives for our NSW clients) are an integral part of your estate plan.
An Advance Health Directive enables you to record your wishes or directions concerning your future health care. Those directions will be come effective if you lose the ability to make your own decisions in the future.
Who can make an Advance Health Directive?
Anyone who is over the age of 18 years and is capable of understanding the nature of their directions, and foreseeing the effects of those directions, can generally make an Advance Health Directive.
The purpose of an Advance Health Directive is to give you confidence that your wishes concerning your health care will be carried out if you cannot speak for yourself.
If treatment could prolong your life, what level of quality of life would be acceptable to you?
Your Doctor must help you complete your medical directions and explain the medical terminology to you, the treatment options available to you and the fact of your chosen directions.
Your solicitor will complete the document with you by explaining its legal effect to you and confirming you understand the effect of signing an Advance Health Directive.
You may change your Advance Health Directive at any time while you remain mentally capable of doing so. It is wise to review your directive every two years, or earlier if your health changes significantly. An Advance Health Directive is not a document to be filed away and forgotten.
If you would like to review your existing Advance Health Directive, or make a new one, call or email us here at Willwise for an appointment.