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While we all like to make our own decisions, individuals might lose the capacity to make decisions due to illness or injury in which case they might someone to manage their financial affairs.

A Power of Attorney gives someone authority to make decisions on your behalf in the event that you cannot. There are several different types of attorney:

General Power of Attorney

• Valid only while you have legal capacity;
• Used for a specific purpose and for a fixed period of time;
• Useful if you are going away for an extended period of time however if you lose legal capacity at a later stage, the document will no longer be valid.

Enduring Power of Attorney

• Continues to be valid even if you lose legal capacity;
• Can empower your attorney to make financial decisions on your behalf;
• Allows attorney to continue to manage your affairs even though you are unable to give legal instructions yourself.

Enduring Guardianship

• Allows the enduring guardian to make personal decisions on your behalf including decisions relating to medical treatment and services;
• Allows you to choose which powers the attorney is to have.
• Ends when the person who appointed the enduring guardian regains the capacity to make decisions or becomes deceased.

GMH Legal can help assist planning your estate by ensuring that you have an up-to- date Will in place and an appropriate power of attorney to preserve the things you have worked hard for.

Related Links:

• Enduring Power of Attorney
• Enduring Guardianships
• Power Of Attorney

The management and execution of an estate involves carrying out and fulfilling the legal steps in accordance with the Will and the deceased’s estate including the assets and liabilities of that estate.

Because estates often deal with assets of significant value and with potentially conflicting interests, it is important that the executor obtains advice from an experienced lawyer. At GMH Legal we provide assistance and expertise to ensure that:

• The executor is aware of their legal obligations under the will and estate;
• Inconvenience and stress is minimised particularly if the executor is elderly or has caring commitments;
• Decisions are made properly;
• Executors receive reimbursement of expenses and advise relating to any claim arising out of the deceased’s estate.

GMH Legal can advise on the eligibility for the Age Pension and Carer’s allowance. We also advise on the social security implications of moving into an aged care facility.

Moving from living independently to living in an aged care facility or retirement village can is a considerable change in your personal and social life.

To minimise your stress we can provide you with the comfort of expert legal advice to ensure that all aspects of any agreements surrounding your accommodation arrangements and the relevant provisions of the Aged Care Legislation are fully explained to you and that your interests are protected.

Whether it might be property transactions in the process of administering an estate or simply transitioning to a retirement village, GMH Legal can assist you along every step of the way. We know that property transactions need to be completed in a timely and accurate fashion ensuring that your rights are protected and that any pitfalls are identified and rectified.

Given that Property law is an ever changing field, we at GMH Legal pride ourselves on keeping our clients informed about recent changes in the law relevant to their circumstances. Our experience allows us to carefully draft property agreements in the purchase, sale or transfer of real estate so to fulfil your personal and financial goals.