If you are over 18 years of age and have capacity, there are three important documents you should/must have.

1. A Will

This is a legal document indicating to whom you wish your assets to go after you die.

 A valid document must be typed, dated and signed, with your signature witnessed by two people.

Your appointed executor (solicitor, family member or friend) will apply for probate, pay your debts and distribute assets.

The law is complex, and so it is advised not to write your own will. Homemade wills are more likely to be contested, hence it is recommended to engage a solicitor to assure that your assets are distributed as you wish.

To make a will, one needs to know:

(a) What is a will;

(b) What are your assets; and

(c) Who should inherit legally.

2. Enduring Power of Attorney

This is a formal document giving another person(s) the authority to make personal and/or financial decisions on your behalf.

Personal – decisions about care and health matters.

Financial – to pay bills and manage your money.

 A Power of Attorney appoints someone to manage your finances for a specific time, e.g. while overseas. If a person loses capacity during this time, the Power of Attorney becomes null and void.

An Enduring Power of Attorney is recommended. This enables the person you nominate to manage your affairs when you are no longer able to do so by reason of physical or mental problems.

Unlike the Power of Attorney, it is valid if you lose capacity. It can be revoked only if you have, or regain, capacity.

The form can be purchased from many newsagencies and must be signed with a witness to the signature. Again, it is recommended that a solicitor be involved. The document does not have to be registered unless property is being bought or sold, in which case registration should be with the Titles Office.

If no-one is nominated for personal (health) matters, your next-of-kin is your statutory health attorney to make decisions regarding health matters if you are not able to do so. This authority ceases if/when you regain capacity

Your attorney can attend to most transactions on your behalf but is not able to vote for you.

3. Advance Health Directive

This is sometimes referred to as a living will. This document records your wishes regarding your future healthcare. It enables you to give instructions on how you wish to be treated in various situations such as irreversible brain damage, terminal illness, and addresses issues such as resuscitation, tube feeding and ventilation.

It only comes into effect if you are not able to make your own decisions. This document gives guidance to your family and doctors on how YOU wish to be treated. It is a lengthy document and requires your doctor to go through it with you and complete one section so make a long appointment for this.

Make it now while you are well and thinking clearly. Don’t wait until you have an urgent or life-threatening illness.

This must be dated and your signature witnessed by a JP or legal practitioner, not a relative, beneficiary of your will, your doctor, or the attorney for your financial matters.