Leading Wills and Power of Attorney Lawyers in Melton and Beyond
Wills & Powers of Attorney
You’ve worked hard for everything you’ve accomplished and attained in life and it is only right that you pass on your estate to your loved ones when you go. The best way to fairly distribute your estate is by creating a Will and arranging your affairs with an experienced lawyer.
The law allows us to decide on how our property should be distributed in the event of our death, accomplished through a written document known as a Will. In order to create a Will, you need to be aware of the following:
- You must be at least 18 years old (there are some exceptions)
- You must have the ability to understand that the Will is a legal document
In order for the Will to be validated, it must meet the following criteria:
- It must be in the written form
- Signed by you in the presence of at least two witnesses
- Signed by the two witnesses in your presence
- Neither of the witnesses are a beneficiary or a spouse of a beneficiary
You should review your will as to it’s content every three to four years to make sure it still meets your wishes, particularly in respect of distributions and appointment of executors and trustees.
Amendments to your Will can be done cost effectively using your past Will in such circumstances.
It is also advisable that you create an Enduring Power of Attorney so that a person can act on your behalf if you should lose the mental capacity to do so. Bear in mind that an Enduring Power of Attorney will allow that person to make financial and / or property decisions for you.
The Enduring Power of Attorney document can also appoint a person to make personal decisions in respect of your accommodation needs ( i.e. nursing home) and lifestyle issues such as who can visit you when you no longer have capacity to make such decisions. This used to be done in a separate Guardianship document which is no longer required. All nursing homes now require an Enduring Power of Attorney in such circumstances before a move can be made.
Finally, Legro Lawyers can assist with you in appointing a Medical Treatment Decision Maker ( formerly known as a Medical Attorney) for you to cover situations where you are not be capable of making your own decisions regarding you own medical treatment options. This can be accompanied by a document called an Advanced Care Directive, arrived at with your GP, which sets out your values and requirements in respect of future treatment in such circumstances where you are no longer able to make such decisions.
Legro Lawyers have the experience and knowledge to ensure that you have the proper powers in place to ensure that your wishes are carried out and that the whole process goes smoothly,
by providing you the following services:
- Drafting and updating your Will – remembering you should review your Will every 3 – 4 years to determine whether changes need to be made.
- Drafting Medical Treatment Decision Maker and Advanced Care Directive Documents
- Drafting Enduring Power of Attorney – a very important document which deals with your financial affairs and personal/social affairs if you become incapable in the future of making such decisions.
- Applying to VCAT in respect of obtaining an order for financial administration and / or guardianship
- Guardianship / Financial Attorney disputes
Creating a Will and drafting enforceable Powers of Attorney, whether for financial, medical treatment or for personal /social matters, requires legal expertise to ensure such documents comply with the law – and so you can guarantee your wishes will be met in the event of your passing.
Legro Lawyers are based in Melton and assist clients from all over Melbourne, including Werribee, Hoppers Crossing, Point Cook, Bacchus Marsh, Hillside, Caroline Springs, Rockbank and Taylors Lakes. Your conversation with Legro Lawyers is confidential and our experienced practitioners offer a professional, results-driven, prompt and personable service that is cost effective.
If you need legal advice or representation regarding Wills and Power of Attorney for the first time, or want to try a local firm with city experience, please don’t hesitate to contact Legro Lawyers via the email form on this page or call our friendly staff on 03-9747 9679.
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