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Power of Attorney and Guardianship

When it comes to your legal affairs one of the most common legal documents known to the general public is your Will. As we move into an aging population what is also unknown to the general public is the fact that a Will only plays a role in someone’s life when the inevitable happens – death. But as we grow older, what happens if we remain alive but don’t have the mental or physical capacity to manage our financial affairs or affairs related to our own health and welfare?

At Platinum Lawyers, we have the experience and knowledge to assist you in providing advice on this sensitive topic. We are also able to help you draft these documents that are legally binding and will ensure that your future is well looked after. Call one of our lawyers today for a free consultation – we can also discuss what your needs are and assist you in drafting the documents required in a package deal or fixed negotiated fee.

Power Of Attorney

We hear this phrase a lot in movies and sitcoms whereby a character waves a document in court saying they have “power of attorney” – but what actually is it? In NSW, a Power of Attorney is a legal document in which you can appoint a specific person or persons or an organisation that can manage your assets and financial affairs. Generally, this will be necessary when you become unwell and are physically and mentally unable to attend to you financial affairs (enduring power of attorney) but what a lot of people are unaware of are other situations where a power of attorney can be necessary – for example, you are required to remain overseas and you need to appoint somebody to manage your financial affairs locally such as pay your bills and access your bank accounts.

Guardianship

Although you might be pro-active and have a Will in place, have you thought about what will happen to you in the event that you are in an accident or are diagnosed with a terminal illness and you become unable to make your own medical decisions? Platinum Lawyers know that this is not something we all want to think about, let alone write about, but in our experience it is always better to be safe than sorry.

An Enduring Guardian is someone you appoint that can legally make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself. There is no harm in appointing an Enduring Guardian as it is only effective once it has been determined that you have lost capacity. Your Enduring Guardian can make decisions on your behalf about the medical treatment you receive, the facility you attend and other lifestyle decisions regarding your health and well being.

How we can help?

As mentioned above, these are all legal documents that carry great weight on one’s life. It is imperative that you receive the right legal advice to ensure the best persons are appointed and that the documents drafted are actually legally binding. At Platinum Lawyers we have Lawyers who understand the importance these documents carry and we are able to provide the advice to anyone who is looking at protecting their future.

 

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