Attwood Marshall Lawyers

Power of attorney is the legal power to make decisions on someone else behalf. Enduring simply means that the power continues even if the person giving it loses the capacity to make decisions.

There are some circumstances in which you may be unable to make decisions about matters that concern you. For example, you may be overseas, or you may be too ill. If you give someone a general power of attorney, for instance to sign documents for you in your absence, that power will come to an immediate end if for some reason you lose your capacity to make decisions. Giving someone enduring power means that he/she is able to continue to act for you if you lose capacity to act for yourself.

Most couples appoint each other as their sole attorney and this is usually fine in majority of situations. However, there can be some difficulties when couples have children from previous marriages. Sometimes it might be wise to appoint one of your own children or an independent person as a co-attorney with your spouse.

With personal/health matters, your attorney power to make decisions does not begin until (if ever) you are incapable of understanding the nature and foreseeing the effects of a decision, and of communicating that decision. With financial matters, you may nominate when your attorney power is to begin. If you do not name a date or an occasion, it begins immediately.

Wills are a topic that none of us like to consider, but having a legal, properly prepared will is vitally important to ensure your wishes are carried out on your death. Without a will, your estate could be distributed unfairly according to a formula set by each State and Territory intestacy laws. This could result in some of your relatives receiving more than you wished, while other loved ones are not provided for in the way you intended.

Your home is one of, if not your most, important asset. Making a mistake or misunderstanding your legal obligations could have a significant impact on your finances and lifestyle. Attwood Marshall has the expertise and experience to ensure that your sale goes the way you intend.

A Retirement Village (Village) is a managed community for seniors. Each Australian State and Territory has enacted specific laws which establish and regulate the relationship between Village operators (operator) and their residents and prospective residents (residents).

Residential aged care is for older people who can no longer live in their home. Residential aged care homes (previously called nursing homes and hostels) are owned and operated by organisations that have the approval of the Government under the Aged Care Act 1997(Cth) (Act) to care for older people and provide accommodation, personal and nursing care.