Wills & Estates
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What is Will & Why they are Important
A Will is the most important document most of us will ever sign. A Will is a document that can ensure our assets are distributed in the way we intend after we die.
Life is unpredictable and uncertain and therefore we highly recommend you attend to making a Will now or changing one prepared earlier to meet your current wishes.
If you pass away without a Will, it can have the effect of your estate being distributed in a way that you had not wished or intended. Through your Will you are also able to name guardians for your children, establish trusts and donate to worthy charities through the use of your Will. You can also make it known if you want to donate organs, be buried or cremated and where you want your remains to finally rest.
Some of the major decisions to consider before you make a Will are:
- ➢ who will be the executors and trustees of your estate;
- ➢ are there any specific gifts that you would like to leave such as family heir looms to particular recipients;
- ➢ who will be the recipients of the remainder of your estate and in what proportions.
We can also prepare Wills that reflect your wishes accordingly to your islamic faith.
Power of Attorney and Health Directives
A power of attorney is a legal document that appoints a person of your choice to make decisions on your behalf about personal/health matters, and/or financial matters. In Queensland, there are two types of power of attorney, a General Power of Attorney and an Enduring Power of Attorney.
A General Power of Attorney is only for financial matters, and appoints someone to act on your behalf while you have capacity only. For example, if you were travelling overseas for an extended period of time, you may appoint a trusted friend, family member or professional to act on your behalf during this period.
An Enduring Power of Attorney is an appointment that continues indefinitely, even if someone loses the mental capacity to make their own decisions. An Enduring Power of Attorney will continue until revoked.
You can place any restrictions on the appointment as you deem appropriate, including the types of decisions that your attorney can make on your behalf.
You can appoint more than one person to act as your attorney, and this is often recommended. You can also specify whether your attorneys have to act jointly (with all attorneys in agreement), by majority, or severally (any one of them can make a decision). You can also appoint an attorney as a replacement attorney in the event that one of more of your attorneys cannot act in that capacity.
At Kanoon Law Group we can assist you to prepare and execute a General and Enduring Powers of Attorney.
Health Directives
At some point in the future, you may be unable to make decisions about your health care, even temporarily. This might be due to an accident, dementia, a stroke or a mental illness.
An advance health directive allows you to give directions about your future health care and
make your wishes known and give health professionals direction about the treatment you want and to
appoint someone you trust (an attorney) to make decisions about health care on your behalf.
To make an advance health directive, you must be 18 or older and have capacity to understand the nature and effect of the advance health directive.
Your advance health directive must be signed by your doctor and by you in the presence of an eligible witness.
In signing the advance health directive, the doctor and witness are certifying that you appeared to have capacity to make the advance health directive.
Contact Kanoon Law Group to assist you in preparing your Advanced Health Care Directive.