Wills and Estate Planning

Secure Your Legacy

Plan for Tomorrow, Today

Lifetime and Estate Planning is the process of preparing your Will, Power of Attorney, Enduring Guardianship, and Advance Care Directive. If you are aged 18 years and above, you should seriously consider preparing these important legal documents to help ensure your wishes are respected and that your loved ones are taken care of if you pass away, and that your decisions regarding your care and finances are respected should you become incapacitated.

At FEJ Law, we understand the importance of securing your legacy and ensuring peace of mind for you and your loved ones. These documents reflect some of the most important decisions you will make, and we pride ourselves on providing only the highest-quality personalised estate plans that truly reflect your individual wishes and circumstances.

An illustration of a multi-generational family standing together on a pathway surrounded by vibrant, stylised flora and a large butterfly, representing the journey of life and legacy planning.

A will is a legal document that sets out who you would like to receive your property and possessions, care for your children, and administer your estate when you pass away. Having a valid will is the best way to maximise the likelihood that your assets will be distributed according to your wishes and is particularly important if other people are financially dependent upon you. Many people also use a will to specify their preferred funeral arrangements including whether they would like to be buried or cremated.

An Enduring Power of Attorney legally authorises another person (your ‘Attorney’) to make financial and property decisions on your behalf when you are unable to do so. A General Power of Attorney is different and is usually given for a specific period such as when you go to hospital and need someone to manage your affairs on your behalf until you are discharged.

It is very important to understand that a General Power of Attorney ceases to have effect if you lose capacity to make decisions for yourself. Similarly, you must appoint an Enduring Power of Attorney while you are still able to demonstrate that you can make sound decisions for yourself.

An Enduring Guardianship legally authorises another person to make health and lifestyle decisions on your behalf (for example, where you live and what medical treatment and other services you receive) if you lose the capacity to make your own decisions.

An Enduring Guardian is a legal appointment that you need to make while you have the capacity to do so. If you do not appoint a guardian before you lose capacity, the Supreme Court or a tribunal may appoint a guardian for you. The guardian they appoint may not be someone you would prefer.

An Advance Care Directive that sets out your preferences for your future care if you are seriously ill or injured and unable to make or communicate these decisions yourself.

It is an important document that ensures your health professionals and family understand what medical treatment you would like to have or refuse in often difficult and emotional circumstances.

It is different to an appointment of an Enduring Guardian because it is not authorising someone else to make a decision on your behalf; rather, it is advance notice of the decision you would like to make. It is also limited in scope, relating to your health care only and not other lifestyle decisions.

Advance Care Directives are legally binding on your healthcare providers in NSW.

You can upload an Advance Care Directive to your My Health Record under the ‘Advance Care Planning Documentation’ section.