Wills, Powers of Attorney and Enduring Guardianship

Planning for the future … Get it in black and white

As a person grows older their capacity to make decisions diminishes; in which case it is a good idea to appoint a substitute decision maker.

A person appointed as an enduring guardian makes personal, medical and lifestyle decisions.

A person appointed as an attorney makes financial decisions.

What is a Power of Attorney?

The principal gives another person, called the attorney legal authority to act on his/her behalf to deal with the principal’s property and money. This could include selling their house as well as taking money from their bank account to pay bills or adding money to the bank account.

The attorney does not have to seek the principal’s permission in advance or tell him/her after the event.

A power of attorney can be made to continue even if the principal later becomes of unsound mind (enduring power of attorney).

What is Enduring Guardianship?

An enduring guardian is a person appointed to make lifestyle and health decisions on behalf of an appointor or if he/she loses capacity at some time in the future.

This could include deciding where the appointor is to live and what kind of medical and personal services the appointor is to receive.

The appointor can also give directions as to the circumstances in which life support should or should not be used.

Why choose Richard Wise Solicitor?

It is important to have an experienced solicitor draw up these documents as the capacity of the person to appoint an attorney/ guardian has to be carefully assessed.

There must be clear explanations given as to how the appointments are to work if the wishes of an appointor under an enduring guardianship and a principal, under a power of attorney are to be carried out.

Why make a will?

Everyone over eighteen years of age should have a Will. It is the only way to make sure that your estate is distributed in the way you would like and that this is done as quickly and cost effectively as possible.

Some people write out their own Wills however the Will must be signed and witnessed properly otherwise there may be difficulties when applying for probate.

There are strict legal requirements for a valid Will, which are found in S6 of the Succession Act.

There are important considerations about leaving specific legacies and residuary clauses so it is best that drafting a Will is done by a solicitor.

Richard is happy to assist you so that your precise wishes are carried out. If the Will is challenged, Richard is there to advise the executor on how to enforce the Will’s terms.

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