Wills (including Testamentary Trusts) and Powers of Attorneys

WILL

It is most important to you, and your family, that you have a current Will.

With a Will in place, your assets will pass to those family members and friends that you intend to benefit. You can nominate a Trustee to administer your affairs, a Guardian to take care of any infant children, and give your personal effects and family heirlooms to loved ones upon your death. You can also nominate your burial or cremation wishes.

Without a legal Will, your Estate is managed according to the Successions Act, and your personal wishes, in most cases, will not be met.

Having a legal Will also assists your family, who will know exactly what your wishes are, easing the burden on them during their difficult time.

Most Wills are relatively simple to prepare and incur only a small fee from us. More extensive Wills can be prepared including Testamentary Trusts, Estate planning and Tax minimisation in large estates.

Managing the Estate of a deceased family member can be harrowing. Davoren Associates Wills & Estate Lawyers can assist in the prompt and careful distribution of assets to the beneficiaries. We have extensive experience in managing Estates including obtaining Probate or Letters of Administration, distributing assets and finalising affairs.

ENDURING POWER OF ATTORNEY

At Davoren Associates our Gold Coast Lawyers know it is important that you have an Enduring Power of Attorney.

An Enduring Power of Attorney provides you with the ability to give a trusted person the authority to make decisions on your behalf about financial and/or health matters. An Enduring Power of Attorney is very effective in the event that you are not able to manage your own affairs (for example if you have a stroke or are in hospital or you are overseas and need to sell property). It will be necessary to appoint an Attorney to do this for you, this is done by making an Enduring Power of Attorney.

Our experienced Solicitors can discuss with you how you can limit the powers you give to your Attorney and how your Attorney is to manage your affairs on your behalf. You can nominate when you would like for your Enduring Power of Attorney to commence for example immediately or upon you loosing capacity.  At Davoren Associates we understand that making an Enduring Power of Attorney before you need it, will avoid significant difficulties when your family are required to make decisions about your assets and medical care if you are unable to make the decisions on your own behalf. If something should happen to you and you do not have an Enduring Power of Attorney your family members will not have the legal ability to make the necessary decisions regarding your welfare without having to apply to a Tribunal for an order appointing them as Attorney/Guardian.

Your Will does not cover circumstances that may arise if you become incapacitated and need assistance. Your Will only applies when you die.  Your Attorney is different to the  Executor mentioned in your Will, however you can appoint the same person for both positions if you wish. An Enduring Power of Attorney is only effective whilst you are alive and your Will is only effective once you have died.

At Davoren Associates our experienced Gold Coast Lawyers can help guide you through the legalities of an Enduring Power of Attorney and assist you in making the right choices.  Contact our experienced Solicitors now to organise an appointment.

ADVANCE HEALTH DIRECTIVE

An Advance Health Directive allows you to communicate your wishes about what medical treatment you may or may not want in the event you are unable to make the decisions for yourself, ie whether or not you wish to be resuscitated, have blood transfusions, be put on life support (mechanical ventilation), involuntary feeing and antibiotics.  It takes the burden off your family or close friends to make these decisions without knowing your wishes.

Advance Health Directives should be made in addition to your Enduring Power of Attorney as the Advance Health Directive details your specific wishes in relation to health matters.  Powers given, under a Power of Attorney for health matters are limited and do not allow for decisions to be made to either continue or withhold life sustaining treatment.

At Davoren Associates we know that an Advance Health Directive may require many decisions that you may find difficult to make.  Our experienced Solicitors will assist you with providing quality advice in this area of law.  You may have many issues to discuss with our Solicitors and would encourage you to make an appointment to see Ms Ambre Langdown.  Call Davoren Associates on 07 5575 2844.

Whatever your legal query, contact Davoren Associates or visit our Mermaid Beach office to obtain solid advice at a reasonable price.

At Davoren Associates, our dedicated Gold Coast solicitors offer a wide range of legal services for both individuals and businesses alike. Whatever your legal issue, our Solicitors and support staff will strive to provide you with the best possible result.