Medcalf Legal Pty Ltd’s Post

MYTH: I have a Will, so if I lose decision-making capacity while I'm alive, my executor will just pay my bills and manage my finances. FACT: A Will has no legal effect until you die. The executor of your Will has no power or authority whatsoever to make any financial or legal decisions for you while you are still alive. If you want your executor or another person to make these sorts of decisions on your behalf if you lose capacity, you must appoint them as your attorney under a valid Power of Attorney document. MYTH: I'm married, so if I lose decision-making capacity while I'm alive, my husband/wife will just pay my bills and manage my finances. FACT: Marriage does not override the requirement for a Power of Attorney. If you lose capacity or otherwise require assistance with financial decisions, your spouse will not automatically be authorised to make these decisions for you. Instead, they would be required to apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial management order which can be a long and complex process. MYTH: I have appointed an attorney under a Power of Attorney document, so if I lose decision-making capacity, my attorney will decide where I live and what healthcare I receive. FACT: In NSW, an attorney cannot make health, medical or lifestyle decisions for you. In order to appoint someone to make these decisions for you if you lose capacity, a separate document is required, namely an Appointment of Enduring Guardian document. Contact us today to discuss your estate planning needs. #Wills #estateplanning #powerofattorney #enduringguardian #newcastle #portstephens #funfacts #legalservices

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