Choosing a Guardian for Your Children

Choosing a Guardian for Your Children

testamentary guardian, Wills, Wills and Estate Planning, Young Children
Choosing a Guardian for Your Children

What is a testamentary guardian, and why do I need one for my children?
A testamentary guardian is an adult nominated in a parent’s Will to care for their minor children in case both parents die before the children turn 18.

When we have young children, we understand that if one parent dies, the other parent will automatically retain parental responsibility. But in case both parents die prematurely, each needs to nominate in their Will an alternate testamentary guardian for their minor children.

Otherwise your children may end up in a home you wouldn’t choose for them, being parented in a way that’s not in accordance with your values.

The Looming World Crisis of Incapacity

The Looming World Crisis of Incapacity in SA

Estate Planning, Planning for Disability and Incapacity, Trusts & Guardianship
The Looming World Crisis of Incapacity

Australia is facing a tsunami of widespread mental incapacity among the largest and wealthiest segment of our population. Advances in mental health have not kept pace with advances in other areas of medical science.

According to Alzheimer’s Australia, more than 340,000 Australians currently have dementia, and that number is expected to reach nearly 900,000 in the next 35 years unless a medical breakthrough occurs. These grim statistics highlight the need for everyone to plan ahead so that their medical and financial needs are met should they ever become mentally incapacitated.

When it comes to Wills & estate planning in Adelaide, you can trust the oldest law firm in South Australia, Genders & Partners to guide you through the tough decisions you must make for your future care and financial welfare.

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Advance Care Directives in South Australia

Estate Planning, Trusts & Guardianship, Wills, Wills and Estate Planning
Advance Care Directives in South Australia

Since 1st July 2014 this new style of document in South Australia has replaced the older documents known as Medical Power of Attorney, Enduring Power of Guardianship and Natural Death Anticipatory Directive.

This Advance Care Directive document allows you to appoint one or more persons to act as your Substitute Decision Maker, to make decisions for you about your medical & health care treatment and accommodation issues if you’re unable to do so for yourself. This can make all the difference between ensuring your wishes are met in very stressful times, and having treatment and care almost forced upon you against your wishes.

An Advance Care Directive is a legal form that allows people over the age of 18 years to state their wishes, preferences and instructions for future health care, end of life, living arrangements and personal matters and/or

An Advance Care Directive cannot be used to make financial decisions.  This requires a different document known as a Power of Attorney.

Genders and Partners

The Right to Choose Gains Momentum in South Australia

Advance Care Directives, Estate Planning, Wills and Estate Planning
The Right to Choose Gains Momentum

End of life decisions are filled with emotion, and religious, ethical and philosophical issues ignite debate.

Some form of human euthanasia or assisted suicide is legal in the Netherlands, Belgium, Colombia, Luxembourg, Switzerland, Germany, Japan, Albania and in the US states of Washington, Oregon, Vermont, New Mexico, Montana and California.

Euthanasia is currently illegal in every state and territory of Australia. For a brief period, it once was legal in the Northern Territory, by the Rights of the Terminally Ill Act 1995. However in 1997, the Australian Federal Government overrode the Northern Territory legislation through the introduction of the Euthanasia Laws Act 1997.

Around the world, an increasing number of states and countries are allowing people to choose for themselves.