This information is currently being updated.
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With the loss of a loved one comes a lot of pain and sorrow, followed by a ton of legal troubles that need to be solved. At Johnstone Crouse Lawyers it is our job to ease the transitional period and help you cope with big changes in your life. Our lawyers are professional and compassionate. Many clients choose us for our sympathetic attitude that helps you go through the process.
Johnstone Crouse Lawyers’ wills and estate planning services include:
A Will is a legal document that explains how you (called the ‘testator‘ or ‘testatrix‘) want your assets to be distributed after you pass away, including your house, money, and personal belongings (referred to as your ‘estate‘).
Having a Will that is clear, legally valid and up to date will ensure your assets are protected and distributed according to your wishes.
A Will lets your loved ones know who you want as your beneficiaries, and this can help prevent issues regarding the distribution of your estate. Your beneficiaries (and your lawyer) will then know who you want as your executor, the person or organisation responsible for administering your estate after you pass.
It will also allow for the provision of any child/ren under the age of 18 in your care at the time of your death.
As your personal situation changes during your lifetime, such as child/ren, grandchild/ren or spouses becoming part of your life, your Will needs to be updated to reflect your current circumstances. Updating your Will is essential if you wish to ensure there is no confusion when you pass away.
An Enduring Power of Attorney is a legal document that authorises a trusted person of your choice (called the ‘attorney‘) to make financial and/or property related decisions on their behalf. An Enduring Power of Attorney does not permit an attorney to make personal and lifestyle decisions, including decisions about treatment.
To make an Enduring Power of Attorney a person (called the ‘donor‘) must:
An Enduring Power of Attorney cannot be made by another person on behalf of a donor whose capacity might be in doubt due to mental illness, acquired brain injury, cognitive impairment or dementia.
An Enduring Power of Attorney can be operational while the person still has capacity, but may be physically unable to attend to financial matters and/or property related matters.
The benefit of an Enduring Power of Attorney is that unlike an ordinary Power of Attorney, it will continue to operate even if the donor loses full legal capacity.
To revoke (i.e. cancel) an Enduring Power of Attorney the donor must have full legal capacity. It is recommended that the revocation is made in writing. If the donor has lost legal capacity, an application must be made to the State Administrative Tribunal to decide if the Enduring Power of Attorney should be revoked.
Contact us for assistance with the preparation of your Enduring Power of Attorney.
An Enduring Power of Guardianship is a legal document that authorises a trusted person of your choice (called the ‘enduring guardian‘) to make important personal, lifestyle and treatment decisions on your behalf should you ever become incapable of making such decisions yourself.
An enduring guardian could be authorised to make decisions about things such as where you live, the support services you have access to and the treatment you receive.
An enduring guardian can not be authorised to make property or financial decisions on your behalf.
To make an Enduring Power of Guardianship a person (called the ‘donor‘) must:
You can appoint more than one enduring guardian as joint enduring guardians, but they must act jointly which means they must reach agreement on any decisions they make on your behalf. If you plan to appoint more than one enduring guardian it is important you consider their ability to work together on your behalf.
The scope of authority given to your enduring guardian is determined by you when you make your Enduring Power of Guardianship.
You may authorise your enduring guardian to make the same range of decisions as a plenary guardian, who is appointed by the State Administrative Tribunal.
This would enable your enduring guardian to:
Alternatively, you may restrict the decision-making authority of your enduring guardian. For example, you may authorise your enduring guardian to make decisions about any treatment you receive, but not about where you live or who you associate with.
When making an Enduring Power of Guardianship you must also determine the circumstances under which your enduring and substitute enduring guardians will act. For example, you might direct that your enduring guardian act only when they are in the same State as you.
Contact us for assistance with the preparation of your Enduring Power of Guardianship.
This information is currently being updated.
No matter the type of legal issue you are experiencing, we want you to know that in our practice, you are the priority. At Johnstone Crouse Lawyers we always have our clients’ best interests in mind.