Estate Planning
Estate planning can help to avoid family disputes, and gives you the chance to express your wishes in advance. Our lawyers will advise you of different options to best benefit your estate and family.
Three documents are essential to thorough estate planning: an Enduring Power of Attorney, a Personal Directive, and a Will.
Enduring Power of Attorney
An Enduring Power of Attorney (EPA) is a legally binding document that allows you to appoint someone to look after your property and your financial affairs in the event that you are no longer mentally capable of doing so yourself. The EPA operates while you are still alive, but are not able to make decisions or give instructions regarding how your property is to be handled. An Enduring Power of Attorney specifically states that it is to continue to be valid even if you lose capacity, where as a basic Power of Attorney comes to an end if you lose capacity. As, well, you can draft an Enduring Power of Attorney to take effect immediately, if that is what you need (e.g. leaving the country for a long period of time), or it can take effect only after some specified event (losing capacity) and in accordance with specific requirements (one, or two doctors have to confirm the loss of capacity).
Personal Directive
A Personal Directive is similar to an EPA in that it is legally binding document that operates while you’re still alive, but in the case of a Personal Directive, you give instructions regarding your health care. The person that you appoint as your Agent is then authorized to give instructions to the health care providers, who more frequently than ever are now asking if such a document exists. With a Personal Directive, you can give instructions as to the type of care you receive, where you are to live, and what types of life support you want to be on.
Will
Most people understand that a Will, unlike a Power of Attorney and Personal Directive, comes into effect when you pass away. With a Will, you give direction as to who looks after administering your estate (the executor), who your beneficiaries will be, and what is to happen with your assets. You can also give direction as to what you’d like to have happen with your remains and who you’d like to have as guardians of any children you may have. Preparing a Will in advance is often of great assistance to those who remain, as it helps to prevent ambiguity as to your wishes.
Get Started
Below you will find a secure links to our three online questionnaires (one for each document), which will allow you to complete the basic information required to get the process started. Alternatively, you can download our printable PDF questionnaire and fax or email the completed questionnaire to our office to get the process started.
Online Will Questionnaire
Online EPA Questionnaire
Online Personal Directive Questionnaire
Printable PDF Estate Planning Questionnaire
Frequently Asked Questions
FAQ regarding Wills
FAQ regarding an Enduring Power of Attorney
FAQ regarding Personal Directives
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