David Andrew

speaker

514 appearances 1 recordings 1 series first heard Aug 2022 last heard Aug 2022

David Andrew’s voice in public audio — every appearance, attributed to the second.

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But now it's a legislative right to bring a claim.

Courts are directed what to consider.

size of the estate, competing needs, provision made in lifetime, conduct, wishes expressed, all those sorts of things.

But yes, people can claim against estates and yes, we do see them.

And they can be expensive and take money out of the estate.

When we're talking about wills, we're talking about what happens to your assets after you've gone, when you've deceased.

When we talk about powers of attorney, we're talking about in your lifetime.

So during your lifetime, if you say lose capacity, who is going to make decisions for you?

And it's very important that we think about powers of attorney as well as your will.

And sometimes they get forgotten.

And we have what are called enduring powers of attorney.

The word enduring means continue, and it means even if you lose capacity, the document will continue to operate.

And the powers of attorney can be financial or personal.

Financial is, you know, collect your income, pay your debts, deal with your assets, sell your house, pay for aged care, whatever it might be.

So that's your financial.

Personal is more lifestyle decision making, which is things like, can you stay at home?

If you've got to go into aged care, what's the appropriate aged care facility?

Who comes and visits?

Those sorts of things.

And then in respect to health, we have medical treatment decision makers these days.

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