You never know what the future will hold. It is a good idea to be prepared by dealing with some issues before they arise.
It’s not a lot of fun to think about what will happen if you get sick and lose your decision making abilities, or to think about what will happen when you die. However, it can take a lot of pressure off you, your partner and other family members if you discuss these issues in advance and make plans.
People who are not capable of making reasoned decisions for themselves may need additional support and assistance, not only to ensure their quality of life is maintained, but also to protect them from the risk of neglect, exploitation and abuse.
In Western Australia, the Public Advocate is an independent statutory officer appointed under the Guardianship and Administration Act 1990 to promote and protect the rights, dignity and autonomy of adults with decision-making disabilities. This could be as a result of dementia, intellectual disability, mental illness or acquired brain injury.
The Public Advocate provides a range of services including:
information, advice and training on how to protect the rights of people with decision-making disabilities;
investigating concerns about the wellbeing of a person with a disability and whether a guardian or administrator needs to be appointed;
investigating specific applications to the Guardianship and Administration Board; and
guardianship services (for medical and lifestyle-related decisions) when the Board determines there is no one else suitable or willing to act as the person’s guardian.
The Guardianship and Administration Board is an independent statutory tribunal which considers, makes and reviews orders for the appointment of guardians or administrators and considers application for intervention into Enduring Powers of Attorney.
Guardians have legal authority to make personal and lifestyle decisions on behalf of a person with a decision-making disability. An administrator may be given authority by the Guardianship and Administration Board to make decisions about the sale of assets, payment of debts and investment of money.
Further information about the Public Advocate and the Guardianship and Administration Board is available from the Department of Justice website at www.justice.wa.gov.au or by calling the office of the Public Advocate on 9278 7300 or 1800 807 437 for country callers. A Telephone Advisory Service staffed by guardians and investigators is available between 8.30 am and 5.00 pm Monday to Friday. An emergency after hours service is available by telephoning 9278 7300.
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An Enduring Power of Attorney is a legal document in which one person (the donor) gives another person or agency (the attorney) the legal authority to make financial and legal decisions on their behalf. It can only be made by a person whilst they are still capable of making legal and financial decisions for themselves. So, if you want one particular family member or friend to make these important decisions on your behalf should you lose the capacity due to disability or illness, now is the time to prepare an Enduring Power of Attorney.
Alternatively, you could appoint the Public Trustee to manage your affairs through an Enduring Power of Attorney, a private trustee company or a professional such as a solicitor or accountant.
The Enduring Power of Attorney will be activated only if you become incapacitated unless you requested that power of attorney be given to the other party immediately.
Once capacity is lost due to disability or illness, the Enduring Power of Attorney cannot be signed or revoked (cancelled) by you. It can only be revoked whilst you have legal capacity. The attorney will have the power to make any decisions that you would have made, so it is important that you appoint someone you can trust.
Further information about how to appoint an Enduring Power of Attorney, how to appoint the Public Trustee as your attorney and an online Enduring Power of Attorney form can be found on the Department of Justice website www.justice.wa.gov.au or by calling the Public Trustee on 9222 6777 or 1800 642 777 for country callers.
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Everyone over the age of 18 should make a will and should review the will frequently, especially following a major event such as a marriage, divorce or separation, birth of children or grandchildren, death of executor or beneficiary or a change in your financial circumstances, such as gaining new assets.
When you make a will, you appoint an executor who will be responsible for looking after your estate and distributing your assets according to the instructions contained in your will. You can appoint a family member or friend to be your executor, or a trustee company or the Public Trustee. The Public Trustee offers free professional advice and a free will-drawing service to all Western Australians who appoint the Public Trustee as their executor. Charges are levied against the estate after death if your estate requires formal administration. Alternatively, your solicitor or a private trustee company can prepare a will for you.
For further information or a copy of a Will Application Form go the Public Trustee website at www.justice.wa.gov.au or you can call 1800 642 777 to make an appointment to draw up a will.
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There are a number of ways that you can pre-pay for your funeral. This can include funeral plans, funeral bonds or through insurance policies. Preparing a funeral plan means you can pay in advance and provide details of the type of service you want.
It’s a good idea to discuss your preferences with your family or close friends and to let them know where to find relevant documentation. Taking the time to organise all your legal papers and placing them in a safe place, such as a fireproof cabinet or box, can save your grieving family and friends a lot of anxiety.
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