What is a Power of Attorney (“POA”)?
A POA is a legal document which allows you to appoint another person (commonly known as “your attorney”) to sign documents and make legally binding decisions in relation to your day to day business and personal affairs.
What is a General Power of Attorney and what is an Enduring Power of Attorney?
A General Power of Attorney allows your attorney to attend to your everyday business and personal needs while you remain of sound mind and are mentally competent. An example of this would be if you were going away on a holiday and needed somebody to sign documents on your behalf for a limited period. An Enduring Power of Attorney will remain in force until revoked even if you become of unsound mind and mentally incapacitated. These are very common between husband and wives and partners to allow them to make financial and property decisions on your behalf. You are able to restrict the types of decisions an attorney can make on your behalf in the document. In both cases the General Power of Attorney and Enduring Power of Attorney cease to be of effect on your death.
Who should I consider to have as my attorney?
This needs to be a person over the age of 18 years and from our experience should be a person that you can greatly trust.
What is a Will?
A Will is a written document stating your intention as to how you want your property and assets distributed on your death. The person making the Will is called the testator (male) or testatrix (female).
Who is an executor?
This is the person appointed to administer your Will in accordance with your wishes. From our experience it should be someone that you greatly trust such as your spouse or de facto partner.
Who is a guardian?
If you have minor children (under 18 years) then this will be the person or persons who is appointed to look after your children and make decisions in respect to their day to day development such as education, maintenance and personal development. This is quite often a difficult decision you are faced with when making your Will and should be given great consideration.
Who is the trustee?
The executor is quite often the trustee whose job is to maintain and look after the trust should a trust be established in your Will. A trust is created under your Will by a testator or testatrix when both parents die leaving minor children or you simply may just want to create a trust. The trustee has the job of looking after and maintaining the trust property and assets and distributing income to the minor children until the children reach an age whereby they can have their share of assets under the Will. The age in which the children should acquire their interest under the Will is a personal matter.