Who should I appoint in my Estate Planning documents?

While many people wish to avoid speaking or even consider the possibility of the ‘worst case scenario’, however it is inevitable that we as humans will get sick, age and/or pass away. 

However, it is not uncommon for us solicitors to meet with clients who have delayed preparing their Will, Power of Attorney and Enduring Guardian, because they cannot decided who to appoint. 

It is our view that these documents are vital and it is of most importance that the persons you appoint must be trustworthy and able to manage the appointment with honesty and integrity. However, as many of you would appreciate, having adult children does not mean they would be responsible or emotional enough to manage or make decisions. 

In one instance, we had a client who did not want to upset her children and wanted to appoint all five of them as executors, attorneys and guardians. This logistically cannot work as there are too many people with different opinions and ideas on how best to manage things. 

If you are one of those people who has difficulties in choosing the right people, please speak to your solicitor about options that may be available to you.  An example to solve this issue includes:

• to have your Estate Planning documents are drafted to enable certain people to do certain roles;
• to obligate people to consult other children;
• to appoint someone who is not part of the family; or 
• to appoint a professional executor/trustee.

Please call Eleni from OverLaw Legal Services on 02 9605 7113 to assist you with your Estate Planning needs.