YOUR WILL, POWER OF ATTORNEY & ADVANCE CARE DIRECTIVE
- Rachel James
- Sep 24
- 2 min read
It’s never easy to think about “what if” scenarios, but having the right legal documents in place gives both you and your loved ones peace of mind. By preparing a Will, Power of Attorney and an Advance Care Directive, you’re making sure your wishes are clear, your assets are protected, and your family won’t be left with unnecessary stress when tough decisions arise.
It’s always best to have a lawyer guide you through the process so everything is properly documented and legally binding.
Your Will
A Will is a legal document that outlines how you want your assets—such as property, money, and personal possessions—distributed after your death. It also allows you to make arrangements for the care of your minor children.
By having a Will, you can:
Ensure your estate is handled by the people you trust.
Provide clarity on how your assets are divided.
Make things easier for your loved ones during a difficult time.
When drafting your Will, consider:
Executor – The person (or people) who will carry out your wishes. Executors may be family, friends, or professionals such as lawyers or accountants. Up to four can be appointed, though two is most common. Executors are generally unpaid, but they may also be beneficiaries or have a clause written into the Will for compensation. They can also seek professional help (lawyers, accountants), with fees covered by the estate.
Beneficiaries – List the people or charities you want to inherit from your estate. Be clear to avoid confusion.
Specific gifts – Decide if you want particular items (jewellery, heirlooms, your home) to go to specific individuals.
Guardianship – Name a guardian for your children or dependents under 18.
Pet care – If you have pets, you can include instructions for their care.
Enduring Power of Attorney
An Enduring Power of Attorney is a legal document that allows you to appoint someone you trust—a family member, close friend, or professional—to manage your financial and legal matters if you become unable to do so yourself.
Without one, your family may need to apply to the Guardianship and Administration Tribunal to make decisions for you—a process that can be lengthy and stressful.
While some states provide DIY forms, it’s strongly recommended you have a lawyer prepare or at least review the document to ensure it’s done correctly. Search “Enduring Power of Attorney” with your state or territory for the right forms and guidance.
Advance Care Directive
An Advance Care Directive (sometimes called a living will) sets out your wishes and instructions for future healthcare, lifestyle, and personal matters in case you cannot speak for yourself due to illness or incapacity. It also lets you appoint one or more substitute decision-makers.
This is not something to leave for later—many states and territories have free services where you can record and register your preferences right now. A great place to start is Advance Care Planning Australia, which has links to each state’s forms. You can also review your plan with your lawyer to ensure everything is consistent.
Final Thoughts
Each state and territory has its own rules around Wills, Powers of Attorney, and Advance Care Directives. For peace of mind and to avoid costly mistakes, it’s wise to work with a local lawyer who understands the requirements in your area.
