Wills, Powers of Attorney & Guardianship

Wills
Very simply, a Will is your instructions for what is to be done with your assets upon your death.

Let’s face it, everyone dies. And isn’t it better to see who you want to receive certain things that you own gets them, without the hassles and infighting that sometimes goes on?

Having a Will that reflects your wishes can considerably reduce the heartache of those you leave behind. The alternative of not having a Will can mean that your estate is contested by people who believe they have an interest in it and the decisions will be made, not by your family, but by NSW Trustee and Guardian, a government body.

There are strict rules about interpreting, signing and witnessing Wills. At Acclaim Legal  we make the process simple. We ensure your Will accurately reflects your instructions, is concise and minimises the risk of it being contested.

We can also provide advice on Testamentary Trusts. Click here to find out more about Testamentary Trust's and to see if one might be more suited to your needs.

Powers of Attorney
A Power of Attorney gives another person authority to act on your behalf on financial and property matters while you are still alive. Many people give someone else a power of attorney to handle their affairs whilst they are overseas or unavailable to do things themselves.

But what happens if you become incapacitated and unable to handle your own affairs through an accident or sickness? If you died there would be no problems - your Will comes into effect. When you are alive, by giving someone a power of attorney, they will be able to handle your affairs.

For example, if you became incapacitated and were put into a nursing home, without a power of attorney, your spouse would not be able to sell your jointly owned home to move closer to you.

The Protective Commissioner (another government body) would be called in to administer your affairs, which means that whenever your spouse needed money they may have to go hat in hand to the person handling your file and ask for funds.

Estates & Probate
Following the death of a loved one Acclaim Legal appreciates it is a difficult time for all. We offer you the comfort of years of experience in handling estates. Acclaim Legal guarantees your matter will proceed without delay and you will be kept fully informed of all stages of the matter.

If you are the executor or administrator of a Will we will guide you through the process without stress and anxiety. Acclaim Legal acknowledges this can be a difficult process for you. As executor you have many responsibilities in managing the estate, from funeral arrangements to paying debts and distributing assets. We will help you through the many steps as quickly and efficiently as possible.

Enduring Guardian
An enduring guardian is a person you choose to make personal and lifestyle decisions on your behalf if you become incapable of making those decisions yourself or unable to communicate such choices.

Generally family and friends assume these decisions, and this usually works well. However, if you wish to ensure that the person who makes these decisions knows what you consider important, one way of planning for your future is to appoint an enduring guardian.

You can give a guardian as few or as many functions as you like. The common decision making areas are accommodation, health care and personal services, medical and dental treatment.

A guardian cannot consent to anything unlawful and is bound by the Guardianship Act. You may like to consider appointing a spouse, an adult child, or a friend as your guardian.

A guardian cannot make a Will for you, vote on your behalf, consent to marriage, manage your finances, or override your objections, if any, to medical treatment.

An enduring guardianship takes effect from when you have lost the capacity to make decisions on your own. If there is any doubt about your capacity, you may need to be assessed by a medical practitioner.

Advance care Directive (Living will)
An Advance Care Directive is drawn to specify what medical treatment you would like in specific circumstances before you die, when you are not longer to communicate effectively.

In an Advance Care Directive you authorise a family member or trusted friend to make medical decisions on your behalf when you can no longer make them for yourself, such as whether you are to receive treatment or just pain relief and whether the life support systems are to be left running or switched off when you are considered terminally ill. Even young people may need such a document as incapacitation can be caused by accident or illness and not just old age.

Acclaim Legal would be happy to assist with your estate planning needs.

Phone, fax or email details of your requirements to us and feel the difference a reliable local agent delivers.