Legal Services

Wills, Enduring Power of Attorney and Advance Care Directives

Few people like talking about the final stages of life and their Wills, but the experienced and compassionate estate lawyers at Senexus can ease you through the process.

When a loved one is considering entering residential aged care there are three legal documents that should be in place. Senexus legal services will lead you through the process of setting up (or reviewing) necessary legal documentation.

Enduring Power of Attorney

A person entering aged care requires an Enduring Power of Attorney. It is a legal document that sets out who should manage their assets and financial affairs should they become unable to do so. This is an important document to get right, and Senexus will help you to avoid common mistakes and pitfalls.

Advance Care Directive

An Advance Care Directive lets your loved one set out their preferences regarding future health and personal care. Some people want every intervention possible in the event of a serious accident or stroke, others would prefer to go quietly when the time comes. An Advance Care Directive lets your loved one document their healthcare preferences as well as appoint a substitute decision maker. It can be a difficult conversation, but Senexus can help you through the process.

Will

When a family member enters aged care it is strongly recommended that they review their Will – and if they don’t have a Will, it is vitally important that they make one. Crucially, spouses or partners may also need to review their Wills. Our estate specialists will make sure that your Wills account for the changes associated with a loved one entering aged care and provide the best outcome for your family.

Specialising in families facing complex admission circumstances

The admission of a loved one to residential aged care can be all the more difficult if valid legal documentation is not in place, and we provide expert guidance to families who need to have a guardian or administrator appointed by SACAT. Most commonly this occurs when a loved one does not have an Enduring Power of Attorney and no longer has capacity to make their own decision (for example, if they have advanced dementia).

Client story: Our mother had dementia and needed residential aged care, but she was no longer considered by her doctor as having the capacity to make her own decisions. She didn’t have a valid Enduring Power of Attorney in place, so while Mum wasn’t able to made the decision to go into aged care, we couldn’t make it either. Senexus’ legal partners worked with us to put in a SACAT submission and I [her daughter] was appointed administrator. This meant that I was legally able to make decisions regarding Mum’s care, and she is now receiving the 24-hour care that she needs.

Retirement living

If you are considering retirement living, our legal partners will ensure you have the three critical legal documents in place: Enduring Power of Attorney, Will and Advance Care Directive. Contact Senexus for more information on how we can help with the transition to Retirement Living.

Please keep in mind that having a valid Enduring Power of Attorney, Advance Care Directive and Will is not just for the elderly; we recommend that all Australian adults have these documents in place and up-to-date.

Does someone you love need aged care?

Learn about the six steps to finding the right aged care home for a loved one.

Download the free aged care guide