Power of Attorney and Guradianship


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These are the other two forms that you will need filled out before you die or become incapacitated. Once again, these are not substitutes for seeking legal or medical advice, just general advice to help with getting your affairs in order.

The power of Attorney gives the person the rights to manage your financial affairs if you become unable to and the Guardianship allows the person to make medical decisions for you when you are unable to make them yourself.

Enduring Power of Attorney

This enduring power of attorney is made on the …….day of……….2017 by …name of person… of …address….in the state of (Western Australia under section 104 of the GUARDIANSHIP AND ADMINISTRATION ACT of 1990.) replace this with what is relevant to where you live.

  1. I APPOINT ….name of Power of Attorney… of ….address…in the State of (the state where you live) as sole Attorney.
  2. I AUTHORIZE my attorney to do on my behalf anything that can be lawfully be done by an attorney.
  3. The authority of my Attorney is subject to the following restrictions – NIL
  4. I DECLARE that this power of Attorney will continue in force notwithstanding my subsequent legal incapacity.

SIGNED AS A DEED BY………………………………………………………………………….

WITNESSED BY:…………………………….          ………………………………………………

Signature of Witness                                         Signature of Witness

 

…………………………………….             ………………………………………

Full Name                                                                      Full Name

…………………………………                …………………………………………

Address                                                                      Address

………………………………                  ………………………………

……………………………….                ………………………………………….

Qualification                                                                    Qualification

 

Acceptance of Enduring Power of Attorney

I, …(name of person listed as Power of Attorney)…, The person appointed to be the power of Attorney created by the instrument on which this acceptance is endorsed accept appointment and acknowledge:-

  1. That the power of attorney is an enduring power of attorney and will continue in force notwithstanding the subsequent legal incapacity of the donor.
  2. That I will, by accepting this power of attorney be subject to the provisions of (Part 9 of the GUARDIANSHIP AND ADMINISTRATION ACT 1990.) Whatever is relevant for where you live.

Signed……………………………………………………………………….     Date …………………………………………….

Name of Person accepting to be power of Attorney. (Donee of the Power of Attorney)

Dated the _____________day of ___________________ 20____

Between:

Donor: (Name of person making this agreement)

To

Donee/Attorney: (name of person who is listed to act as power of attorney)

 

ENDURING POWER OF GUARIANSHIP

This enduring power of guardianship is made under the Guardianship and

Administration Act 1990 Part 9A on the _______day of________________2017

by ­­­­­­­­­­­­­­­­­­­­­_________________________________________________(Person’s name)

of_______________________________________________________________

________________________________________________________(Address)

in the state of (state where you live) who was born on ______________________.

This enduring power of Guardianship has effect, subject to its terms, at any time I am unable to make reasonable judgments in respect of matters relating to my person.

  1. I APPOINT my ____________(relationship)________________________

___________________________of______________________________

        __________________________________________________(address) in

the state of (wherever the person lives) to be my enduing guardian.

     2. I AUTHORISE my enduring guardian to perform in relation to me all the functions of and enduring guardian, including making all decisions about my heath care and lifestyle.

3. My enduring guardian can only act in the following circumstances:

_______________________________(if all, just put “all circumstances”)

 

  1. My enduring guardian is to perform his/her functions in accordance with the following directions: _____________________________________

____________________________________(specify or put “as she/he sees fit”).

5. I have/have not* made an advance health directive at the date hereof.

(*delete as appropriate.)

SIGNED AS A DEED by:     (Signature) ________________________________

(Persons name here) ________________________________

WITNESSED by:

__________________________            ______________________________

(Signature of witness )                                                            ( Signature of witness)

_____________________________________                __________________________________________

(Name of Witness)                                                                   (Name of Witness)

_____________________________________                  _________________________________________

_____________________________________                  _________________________________________

(Address of Witness)                                                               (Address of Witness)

_____________________________________                  __________________________________________

(Occupation of Witness)                                                          (Occupation of Witness)

 

ACCEPTANCE OF APPOINTMENT AS ENDURING GUARDIAN

I, ____________________________(name of person) accept the appointment of an enduring guardian.

 

Signed:________________________________   Dated:_________________________

 

Witnessed By:__________________________________              ___________________________________

Name of Witness_______________________________               ___________________________________

Address of Witness______________________________              ___________________________________

______________________________________________             ____________________________________

Occupation of Witness__________________________                ____________________________________

Generic will


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A lot of people don’t have a will as they don’t know where to start or what to do, so I have added  an example of a generic will. This does not replace getting advice from a lawyer and is only a copy of what is used in Western Australia, so ensure yours meets the requirements of your country and state. I take no responsibility for the way this form is used or the contents placed therein.

One thing I would recommend you do if you are in a relationship, is to thing if your spouse died, what would you need to live on and work at ensuring that you provide for this in your will if at all possible.

We are often worried about children, especially in step family situations. If you want to leave something to your children while your spouse is alive, try to leave them objects that have meaning to you and if you want to leave them money when you die but not negatively impact your spouse then take out some life insurance that is to be divided among any children.if you don’t adequately provide for the spouse they can and may even be forced to contest the will so it is important that you attend to this first. Again, think of what the impact would be on you if you were left behind and your partner had the same will as yours. You can also add clauses so that when the surviving partner dies the estate is divided between all the children from both sides, but I would highly recommend you seek the advice of a lawyer on this so that you know everything is legally spot on.

_____Day of __________, 2017

 

Last Will and Testament

 

____(Your Name here)____

I,  ….(name)….  of ..current address….. in the State of (put your state here), HEREBY REVOKE all former Wills and testamentary dispositions made by me AND DECLARE this to be my last Will and Testament (“my Will”)

 

  1. DEFINITIONS

In this my Will unless otherwise required by the context or subject matter:

“Duties” mean all death, estate, succession or other duties or taxes payable in respect of my death or the passing of property under this my Will including capital gains tax:

“my Trustee” means the executor or executors of this my Will and the trustee or trustees for the time being of any trusts arising under it.

 

  1. EXECUTORS

(a)    I APPOINT …name of person and relationship to you…. (“name to be used in rest of wil”) of ….their address…..to be my Trustee.

(b)    In the event that ..name of executor…. shall be unable or unwilling to act or continue to act as my Trustee, then I appoint, ….alternate executor…(“short name”) of ….address… to be my Trustee.

 

  1. I wish to be cremated/buried and my remains………………………………………..

 

  1. I consent/I don’t consent to organ donation.

 

  1. Gifts

I give the house and land at ….address…. to be sold and the net proceeds after sale of any duties and any other costs and expenses relating to the sale, including accounting fees regarding calculation of Capital Gains Tax if any, shall be divided equally between …….names of people to inherit….. as survive me and if more than one, then as tenants in common in equal shares PROVIDED that if any of ….names of people to inherit…. die before me leaving a child or children who survive me, then those children shall take and if more than one in equal shares, the gift set out herein which their parent would have taken had they survived me.

 

  1. REST OF ESTATE TO ………….

If ….name of person…. survives me for a period of twenty-eight (28) days I GIVE all my real and residual personal property whatsoever situate, not otherwise disposed of to ….name of person…. absolutely but if ….name of person….. does not survive me for the period of (28) days then if he has died leaving a child or children who survive me, then those children shall take and if more than one in equal shares, the gift set out herein which their parent would have taken had they survived me.

7. POWERS AND OTHER CLAUSES

(a) Except to the extent inconsistent with the terms and provision of this my Will, the powers conferred on my Trustee by the Trustee’s Act 1962-78 as amended from time to time are in augmentation of the powers conferred by this my Will.

(b) My Trustee will have the following powers in connection with my estate: –

(i) to retain the identity of any asset, to sell any asset at any time, and to distribute the assets in specie;

(ii)where any person at any time is entitled (contingently of otherwise) to any share or interest in my estate, my Trustee may apply the whole or part of the capital or income of such share for or towards that person’s maintenance, education, advancement, benefit or support with liberty to pay the same to the person in loco parentis or the guardian or guardians (if any) of such persons for the purposes aforesaid without being liable to see to the application thereof; and

(iii) without limitation and as if my Trustee were beneficially entitled to my residuary estate:

(A)          to invest, change or retain investments including unsecured interest free loans or any non-income producing asset;

(B)          to grant a lease or sublease of any property for any duration and on any terms;

(C)          to improve or develop any property;

(D)          to borrow money or raise money for any purpose connected with my estate, whether with or without giving security and enter into any mortgage, charge, bill of sale, lien or security over any part of the property that forms part of my estate.

 8. My Trustee

will not be liable for any loss arising out of the winding up of my estate or the conduct of any trust arising under this my Will in the absence of proof of dishonest or wilful breach of trust.POWERS OF

9. APPROPRIATION

IN EXTENSION of any power of appropriation conferred by lay, my Trustee may at any time in his absolute discretion appropriate any part of my estate in its then condition or state of investment in or towards the satisfaction of any legacies or any share in my residuary estate without the necessity of obtaining the consent of any person and for the purposes of making any appropriation, my Trustee may determine the value of any part of my residuary estate by such means as he in his absolute discretion take into account in such manner as he thinks fit the likely taxation consequences that the making of the appropriation may have for the person in whose favour the appropriation is made and also for any other beneficiary.

IN WITNESS WHEREOF ….Person making the will….. have hereunto set my hand this….. ….day of…………… 2017

 

SIGNED by the Testator the said               )

…name of person making will…as and for her       )

last Will and Testament in the                   )

presence of us both being present           )              ………………………………….

at the same time who at her request      )               name of person making will

and in her presence and in the                  )

presence of each other have hereunto   )

subscribed our names as witnesses.        )

 

Witness:………………………..                                       Witness:……………………………………

 

Print Name:………………………                                   Print Name:…………………………………

 

Address:…………………………                                      Address:……………………………………

 

…………………………………                                            …………………………………………..