Legal advice you can count on
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Wills, powers of attorney & enduring guardianships

Faq—Lawyer in NSW

Planning for the future is something that Paul Gowran & Co Solicitors is passionate about. Read the below frequently asked questions to help you decide what type of estate planning you require.

To discuss your personal situation and requirements in confidence, call today.

No one likes to contemplate their own mortality but preparing for the future by getting important affairs in order can give you a sense of security. It also provides certainty for your friends and loved ones, relieving some of the stress at a time that’s already incredibly difficult.

If you die without a will—legally called ‘dying intestate’—your estate will be divided in accordance with a list set out in state legislation. If no beneficiaries can be found, then your estate will go to the state government. Before making a will, it is important that you discuss your wishes with your family.
When creating your will, you will need to choose an executor. An executor is the person who is responsible for the administration of your estate. More than one is allowed, and your children may take on the role if they are over 18. You must also contact your superannuation provider and arrange for a binding death nomination to be sent to you for your signature before 2 witnesses. Otherwise, the trustees of your superannuation can give your superannuation to other people who can claim to be dependent upon you, even if you leave everything to your spouse or children.
Enduring guardianships are essential documents for people moving into later life. These documents allow you to nominate specific individuals to make health decisions on your behalf if you aren’t in a position to do so yourself. 

While you may be in perfect health now, it’s always a good idea to prepare for the unexpected. By choosing who would make important decisions on your behalf if you were unable to do so, you have the peace of mind of knowing you’re always in good hands.
Should anything happen that would render you on life support, it’s vital to have your wishes made clear. If you’re against the idea of being kept on life support, then an enduring guardianship document should be drawn up as soon as possible. This will allow you to outline exactly what decisions you would like to be made in certain scenarios.

A power of attorney allows someone else to look after your affairs while you’re still alive.
If you’re travelling overseas for a period of time and need someone to watch over your estate, a power of attorney can make this possible. A power of attorney may also be required on a precautionary basis, allowing you to nominate someone to handle your affairs if you become unable to do so—usually due to mental or physical illness.

There are 2 key types of power of attorney: general and enduring. Enduring simply means it continues if you lose your mental capacity.

Powers of attorney can range from very limited, such as only to operating for a certain time while you are overseas, to very wide. The Power of Attorney Act 2003 allows you to place limits on your attorneys and these are choices you must make when having the power of attorney made.

If you’d like to find out more about our power of attorney services, call today.

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