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Capacity

Estate Planning – Why it’s time to act

It’s time to address your Estate planning ‘Estate Planning’, it’s something that we put off.  Perhaps because we don’t feel like we have an ‘estate‘ or perhaps our ‘estate’ is too complex.  Some have lodged a will 20 years ago, the majority of us still haven’t ever got around to… Read more »

Advance care planning – now more important than ever

As Australia prepares for the COVID-19 crisis in the months ahead, I urge colleagues in the aged care sector to include advance care planning in their preparations. The Australian Health Management Plan for Pandemic Influenza 2019 cites the importance of Advance Care Directives as part of a coordinated response. Given… Read more »

What happens when a sole member of an SMSF loses capacity?

A loss of capacity of a person can occur when a person is unable to understand the nature of a document or is unable to communicate a decision. What do I do?

How to apply to the Court for protection on behalf of a person who has lost capacity

The New South Wales Succession Act (“the Succession Act”) and associated regulations allows for an application to be made to the Court for protection of a person who has lost testamentary capacity. An order can only be made if the person who has lost capacity is alive at the time… Read more »