Wills & Powers of Attorney

Planning for the future is an important task. This includes ensuring you have a valid Will and a Power of Attorney in place.

Your Will

Every person should have a Will to properly and efficiently dispose of their assets after death, in accordance with their wishes. When a person dies without a Will (dying ‘intestate’), their assets may not go to the people they intended.

Some Wills are straightforward but frequently there are many issues to be considered in across an entire estate plan.

Whether your assets are straightforward, or your estate plan is complex, Daenke Lawyers can guide and advise you and prepare a Will to suit your individual circumstances; thoroughly considering the impact of assets held by entities together with assets held as an individual or jointly with a spouse.

Your Power of Attorney

Whilst a Will deals with the disposition of your assets after death, unfortunately in this aging society, many people need assistance to administer their affairs both in later life or in circumstances where they unexpectedly become unable to make decisions for themselves. 

Everyone should have an Enduring Power of Attorney to appoint a suitable person to conduct their financial and business affairs when they are no longer able to do so.  The designated person (your ‘attorney’) must agree to accept the appointment and undertake to keep proper records.

It is possible to appoint more than one person as an attorney, either to act jointly or for one to act should the other be unable to do so.

We can advise on and prepare an Enduring Power of Attorney appropriate to your individual needs.

Advance Care Directives

An Advance Care Directive (‘ACD’) allows a person to set out their requests for health and lifestyle care when they are no longer able to make their own decisions.

The person appoints one or more Substitute Decision-Makers (‘SDM’). In the event the ACD maker becomes incapacitated and unable to make decisions themselves, their SDM may make any decisions on their behalf which are related to health care, residential and accommodation arrangements and personal affairs. The SDM cannot make decisions about legal and financial matters. These are dealt with under a Power of Attorney.

Many people record their wishes to pass peacefully but they cannot authorise euthanasia.

We can discuss these matters with you and prepare an Advance Care Directive recording your wishes.