Estate Practice Group

Other Estate Planning Documents and Advice

The preparation of an estate plan may include the preparation of: a Power of Attorney; an instrument appointing an Enduring Guardian; deeds of gift or loan documents; letters of wishes to trustees; binding death benefit nominations; revokable deeds; trust, deeds; pre-nuptial agreements; and the review of superannuation documents; existing family trust or other trust documents; and company documents.

For more detailed information download a copy of the Frequently Asked Questions about Wills,  Estate Planning Essentials and Estate Planning Details from Our Publications to assist in considering your circumstances.

Powers of Attorney

A Power of Attorney is a legal document that gives another person the necessary power and authority to act on your behalf about your business and financial affairs. They do not allow the management of your personal health or personal medical arrangements: an enduring guardian is required for this.

Powers of Attorney can be enduring, general, or limited. They can provide for a succession of attornies. Putting in place a Power of Attorney is a sensible thing to do in anticipation of travelling overseas, being unwell and in capable of handling your own business and financial matters.

For more information on Powers of Attorney, please download the Notes on Powers of Attorney from Our Publications.

Enduring Guardian

Under the Guardianship and Administration Act 1995, a person over the age of eighteen (18) years can appoint an Enduring Guardian to act for them when they are no longer capable of making reasoned decisions for themselves about their personal health or personal medical arrangements. The extent of the power that an Enduring Guardian has is similar to the power that a parent has over a child. The Guardian can make decisions about medical procedures and treatment, other health issues, where the person is to live and who is able to visit; what health and care services you should have.

The document appointing an Enduring Guardian should be very carefully prepared, taking into account your personal circumstances and wishes. When completed the document is lodged with the Guardianship and Administration Board.

For more information about Enduring Guardians, please download our Notes on Enduring Guardians from Our Publications.

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