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Wills, EPOA & ACD

 

We all know that a Will gives you a say about who you would like to be your legal personal representative upon your passing, who you would like to inherit your assets, and your funeral preferences.

If you don’t have a Will:

  • it may be difficult and expensive for your family to deal with your estate,
  • you have no control over what happens to your assets; and
  • it may be possible for a distant relative, former spouse, or even an estranged relative, to make a claim against your estate (even if your intention was for them to receive nothing).

The Supreme Court will have the final say as to who will become the administrator and who gets to share in your estate.

 

Enduring Power of Attorney (EPOA)

 

The Court may even decide to appoint the Public Trustee, or maybe someone you owe money to, to administer your estate.

Under an EPOA, you appoint one or more people to be your attorney to make financial decisions on your behalf when you have lost capacity (either permanent or temporary).

You can direct your attorney(s) to make those decisions either solely or jointly.

 

Advanced Care Directive (ACD)

 

Under an ACD,  you appoint one or more people to be your substitute decision-maker (SDM) in the event that you have lost capacity.

An ACD can be used to:

  • Plan future medical care;
  • Plan for an expected deterioration in health due to a medical condition;
  • Deal with a terminal illness and the treatment choices and consequences involved;
  • Determine medical treatment. For example, if a patient does not want certain procedures or operations performed on them, that can be specified;
  • Rule out further treatment or life-sustaining procedures in the event of a traumatic injury that causes incapacity.

 

Contact Us

 

For more information, contact Bambrick Legal today. We offer a free, no-obligation 15-min consultation for all enquiries.

You can also read more about our Wills, Estate Planning, and Probate services here.

Related Blog – Power of Attorney & Wills