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Why should I make an Enduring Power of Attorney

By signing an Enduring Power of Attorney you appoint one or more persons who you rely upon and trust to look after your assets and to speak to doctors and health practitioners when you are not
well enough to do so. This may follow an accident or a medical procedure.

Imagine you are taken to hospital and you are not responsive. The hospital staff will speak to your appointed Attorney, your mother, father, son or daughter and discuss what can be done for you and what you had told your Attorney to do in such an event.

If there is not an Attorney appointed then a family member will have to go to the Queensland Civil and Administrative Tribunal and explain what is the problem and ask to be appointed to look after you. In that event, there will be delays of many weeks, and of course, costs.

Making a Will

By making your Will you appoint your choice of Personal Representative to carry out your wishes after you die. That person is called your Executor and who holds all of your property as Trustee for your named beneficiaries.

In your Will, you set out what level of provision you will give to your beneficiaries. You may decide one is more deserving than another.

If the Will is carefully prepared, signed and dated you can expect your Will to be carried out, and if necessary, supported by the Court.

If you do not have a Will you are said to die Intestate. In that event the State Laws will determine who your Executor will be and who is to receive your estate. This will add to the costs of finalising your estate.

Retirement Homes & Aged Care Facilities

You may be thinking it’s time for you or someone you love to move into a Retirement Village or Aged Care Facility. We can assist you and advise you in relation to the process and steps to be taken depending on whether you are considering a:-

  1. Retirement Village;
  2. Residential Aged Care Facility;
  3. Manufactured Home; or
  4. Serviced Apartment.

The type of accommodation you choose will depend on many things including your assets, income, health, social needs, lifestyle and location.

The advice we provide

Each type of accommodation has its own set of forms and disclosure which must be provided to you before you enter into any contract. Once you have made your decision as to the type of accommodation you prefer, we can review these documents and advise you in relation to such matters as the initial payment you must make, the ongoing fees you will have to pay, the conditions attaching to your right to live in the accommodation, what will happen to any Refundable Accommodation Deposit or Ingoing Contribution when you leave the accommodation or upon your death.

Depending on the type of accommodation you may purchase a right to live in a Residential Aged Care Facility and pay a Refundable Accommodation Deposit and/or a Daily Accommodation Payment, or enter into a lease to live in a Serviced Apartment and pay an Ingoing Contribution, or purchase a home in a Retirement Village and pay an Ingoing Contribution.

The main difference between an Ingoing Contribution and a Refundable Accommodation Deposit is that an Ingoing Contribution is not returned in full to you when you vacate or upon your passing whereas a Refundable Accommodation Deposit is fully refunded to you when you vacate or to your estate upon your passing.

The terms of the lease or licence which the accommodation owner or operator requires you to sign before you take up occupancy may be of concern to you. A usual term of a lease or licence is that you must vacate if your health deteriorates and the accommodation owner or operator is not satisfied that you are safe in the accommodation.

When you are ready to sign the relevant forms, we can witness your execution of the forms and return the forms to the accommodation operator or their solicitor. We will then liaise with the accommodation operator or their solicitor to ensure a smooth settlement.

Need to sell your own home?

If you need to sell your own home in order to raise funds we are able to provide you with advice on that aspect and provide you with our conveyancing services. We will then keep the accommodation operator or their solicitor informed as to the progress of your sale. Once you are ready to complete settlement of the sale of your home then we can arrange for part of your sale proceeds to be paid to the accommodation operator ensuring that you may move into your accommodation on the same day.

We are here to help

If you are thinking it is time for you or a loved one to move into a Retirement Village or Aged Care Facility, please call our office on 3267 8066 to make an appointment.