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We can assist you in ensuring you have control over how your personal and financial affairs are managed during your lifetime, in the event you lose capacity or require assistance, and after you die.
Estate planning involves developing strategies to ensure your personal and financial affairs are in order and you have the relevant documents in place which will achieve your ultimate wishes during your lifetime and after you die. Having these documents in place, reduces stress, uncertainty, and conflict between your loved ones.
At Mitchell Family Lawyers we offer drafting services for four estate planning documents:
1. Will – A Will is a legal document which sets out how you would like your assets to be distributed after you pass. It may also include what you would like to happen with your body and who you would like to be the guardian of your children. Having a Will in place reduces the risk of your estate being distributed in accordance with state intestacy laws.
2. Power of Attorney – A Power of Attorney is a legal document which enables you to appoint an “Attorney” who may exercise financial and legal decisions on your behalf. It may be either “general”, where it will cease upon you losing mental capacity, or “enduring” where it will continue upon you losing capacity. We also draft Corporate Power of Attorney documents.
3. Enduring Guardian – An Appointment of Enduring Guardian Document enables you to appoint a person or “Guardian” who is able to make medical and lifestyle decisions (such as providing consent to medical treatment or deciding where you live) in the event you lose the mental capacity to make these decisions yourself.
4. Advance Care Directive – An Advanced Care Directive is a binding direction by you for the refusal of resuscitation measures and/or medical treatment in certain circumstances even if (and with the intention) that this direction by you may lead to your death.
We note it is extremely important to have these documents re-drafted in the event of marriage or divorce, at which time a valid Will or certain provisions of the Will, become void.
Please contact our office should you be interested in obtaining further information regarding this service.