Assisting clients to manage their affairs
With the threat and uncertainty surrounding the Coronavirus many practitioners will be asked to prepare documents assisting clients to manage their affairs should the need arise.
By Lawyers commentary and precedents for Wills, Powers of Attorney, Guardianship and Directives across every state of Australia are available to help practitioners to respond to these requests.
In brief:
- A will provides for the administration and distribution of a person’s property in the event of their death.
- A power of attorney enables a person to empower someone they trust to conduct their legal and financial affairs on request. However, this power ceases should the principal lose capacity to authorise its use. This power can be witnessed by any adult.
- An enduring power of attorney enables a person to empower someone they trust to conduct their legal and financial affairs without specific authorisation should the principal become unable to conduct their own affairs. Note: This power requires specific witnessing.
- An enduring guardian or a medical power or an advance care directive. These powers are similar to an enduring power of attorney in that they allow a person to choose someone they trust to manage their health and lifestyle decisions, but not their financial affairs, should they become unable to do so themselves.
Helpful resources
The By Lawyers Wills publications provide detailed retainer instructions which can also be signed as an informal will in emergency situations should the need arise. Otherwise a will should be witnessed by two uninterested parties over the age of 18. The By Lawyers publication provides signing clauses for wills by handicapped, blind, non-English speaking and illiterate testators.
Detailed signing instructions are available and can be emailed to the client with the will should personal attendance at the office be difficult or undesirable.
The guides contain a full suite of wills for single people, people with a partner and for people with blended families. There are testamentary trust wills as well as international wills.
Practitioners will also find a full suite of the other important estate planning documents, for both financial and health & lifestyle matters.
There are practical and detailed commentaries to assist the practitioner to quickly and efficiently advise their clients on any issue of concern to them. The retainer instructions and ‘to do’ lists ensure thorough and complete attention to all relevant considerations.
For further information
Please don’t hesitate to contact us at askus@bylawyers.com.au