Q: What is the difference between an enduring power of attorney & an enduring power of guardianship?
An Enduring Power of Attorney is a legal document that enables a person to appoint a trusted person to make financial and/or property decisions on their behalf.
An Enduring Power of Guardian is a legal document that enables a person to appoint a trusted person to make health and lifestyle decisions on their behalf.
Q: What happens if I separate or get divorced from the person appointed as my attorney under my enduring power of attorney?
When you separate or get divorced, your Enduring Power of Attorney is not automatically revoked. If you no longer wish the person that you have appointed to act as your attorney, you will need to revoke your current Enduring Power of Attorney document and prepare a new one.
Q: If I have made an enduring power of attorney, they can sort everything out if I die, can't they?
This is not correct. Providing someone power of attorney does not result in that person becoming executor of your estate. If the deceased does not have a will then the deceased dies intestate.
Q: How will my executor pay for my funeral?
If there are sufficient funds in your bank account, your executor can present the funeral invoice to the bank and they will arrange payment.
Q: I made a will many years ago & nothing has changed. Is it still valid and does it still 'work'?
Not always. There are a number of reasons why your Will may not be valid, and the law is changing all the time. We always recommend you review your Will at least every 5 years.
Q: I don't own anything and what I do own will just go to my partner anyway, right?
No this is not correct! It depends on your personal circumstances and how your assets are owned. In Western Australia if you die without a Will then the law decides who will get your assets – and this may not be who you wanted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.