Good morning

“We take care of the future best by taking care of the present now” 
― Jon Kabat-Zin

I hope that everyone has had an enjoyable Christmas break and are looking forward to 2021 filled with health, happiness and prosperity.

2020 has been a harrowing year, with disruption to our lives resulting such that our lives have been changed forever. More than ever I believe it is personal relationships and goodwill that will determine how we will establish the stability for us to grow and prosper. I believe at the start of the year it is timely to remind all, that as part of moving forward it is important to protect your personal and family interests with a review of three documents which I consider mandatory, being:

Your will

Your will is an important document detailing the setting out how your assets are to be distributed after death.

Enduring Power of Attorney with an Advanced Care Directive

The appointment of a person who will be able to look after your assets should you become incapable of such decisions.

The appointment of an Enduring Guardian

A person who will be able to make medical and lifestyle choices on your behalf should you become incapable of making those choices.

The Enduring Power of Attorney and Appointment of and Enduring Guardian can be drafted to come into effect only after medical evidence is provided to certify your incapacity to make your own decisions. Your attorney and guardian can then act on your behalf and make the necessary decisions. They can only do things in your best interest and are liable for every act they undertake on your behalf.

Over the break as the result of a mini stroke I assisted a client with the above documents whilst he was in hospital. Fortunately, he is well on the mend but as there was and remains the fear of further episodes which may affect his legal capacity. In this light he wanted to have the-mentioned documents in place. Unfortunately, strokes are becoming more common and the diagnosis of dementia more frequent. In this case my client’s legal capacity was not lost but regretfully on many occasions legal capacity to make decisions is lost causing difficulties for loved ones to make suitable arrangements.

If either you or anyone you know is in this situation, please contact me for further information.

Wishing you a wonderful day,


0419 233 670

I am available to discuss matters either in my office or by Zoom conference; and provide notary services which must be in person.

Published On: January 14th, 2021 / Categories: Family Law / Tags: /

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