Unfortunately in life we can encounter misadventures at any time. To ensure that our affairs are in order we should prepare a will, a power of attorney and an enduring guardianship.
A Will is a legal document that operates on your death. It allows you to decide who will receive benefits from your estate. If you die without a Will the Government will take control of your assets and decide who will receive an interest under your estate. We work too hard to leave our assets in the hands of the Government so it makes sense to leave a legally valid Will so that the people you love receive your hard earned assets.
A power of attorney is a document that operates prior to your death. It enables your attorney to operate your estate and perform legal functions on your behalf. For example, selling your property and operating your bank account. This document is especially useful if you lose capacity due to illness or absence from the country and you need someone to do things on your behalf. You must be careful when drafting this document (place restrictions on the attorney) and be cautious about who you appoint as your attorney as you are trusting them with your assets.
An enduring guardianship is a document that provides for your health care. It is important that whilst you have capacity you consider and document what you want in the event that you no longer have capacity whether it is due to illness, serious accident, or simply old age. You can choose and make a written direction about your health care needs such as blood transfusions, organ donation and resuscitation.
It is your life and you are blessed with choice. Make a Will, power of attorney and enduring guardianship to ensure that your choices are adhered to in death, sickness or incapacity.