While most people understand the importance of having a will, comprehensive estate planning in South Australia typically includes preparing two additional essential documents: an Enduring Power of Attorney and an Advance Care Directive. Each serves a different purpose and applies at different stages of life.

A will only takes effect after you pass away, outlining how your assets are to be distributed and who will administer your estate. However, this document cannot assist if you are alive but lose capacity due to illness, accident, or age-related conditions. That’s where an Enduring Power of Attorney and an Advance Care Directive come in. An Enduring Power of Attorney allows someone you trust to manage your legal and financial affairs if you are no longer able to do so. This might include paying bills, handling property transactions, or accessing bank accounts, tasks that need to continue even if you’re temporarily or permanently unable to act.

On the other hand, an Advance Care Directive is focused on your health care and personal choices. It lets you appoint Substitute Decision Makers to make medical, accommodation, and lifestyle decisions on your behalf, and it records your preferences for care should you be unable to express them yourself. Without an Advanced Care Directive, your loved ones may face distressing uncertainty during critical moments, or need to apply for legal authority to act.

Together, these three documents provide a comprehensive legal framework: your will ensures your wishes are carried out after your death, your Power of Attorney covers your financial decisions while alive, and your Advance Care Directive protects your personal care and health preferences. Having all three in place ensures your interests are protected at every stage of life, while easing the burden on your loved ones.

Yes, you may legally appoint the same individual as Executor in your will, Attorney under your Enduring Power of Attorney, and Substitute Decision Maker under your Advance Care Directive. However, whether this approach is suitable will depend significantly on your individual circumstances and the specific responsibilities involved.

Sometimes appointing one person for all three roles can simplify matters and promote consistency in carrying out your wishes. However, this approach can also carry risks. For instance, reliance on a single person could lead to practical difficulties if that person predeceases you, becomes unavailable, or is otherwise unable or unwilling to fulfil their responsibilities. Additionally, entrusting all decision-making power to one individual may expose your affairs to potential misuse or exploitation if that person acts against your best interests.

Alternatively, appointing different individuals for each role can enhance security by distributing responsibilities, thus reducing the risk of misuse or reliance on any single individual. For example, appointing someone with financial expertise as Attorney, another who is attuned to your personal and healthcare preferences as Substitute Decision Maker, and a third person who is impartial and organised as Executor, can ensure appropriate expertise and oversight. However, this approach may also create practical complexities, such as coordination challenges or potential inconsistencies between decision-makers.

You might also consider appointing two or more individuals jointly for one or more of these roles. Joint appointments can increase accountability and oversight, providing an additional safeguard against potential misuse or unilateral decisions. Nonetheless, joint arrangements can also raise the possibility of disputes or disagreements, potentially causing delays or complicating decision-making processes.

At Grope Hamilton Lawyers, we understand that every individual's circumstances and needs are unique. Our experienced team provides tailored and practical legal advice to help you make informed decisions regarding your estate planning, ensuring your wishes are clearly documented and effectively safeguarded. Please contact us on (08) 8231 0088 to discuss how we can assist you.

At Grope Hamilton Lawyers, we do more than draft your will. We consider how your assets should be distributed, identify suitable substitute Executors and guardians, and address how superannuation, trusts and jointly owned property may affect your estate. Where appropriate, we can also act as professional Executors. A solicitor acting in this role brings a neutral perspective and is familiar with the procedural requirements of probate and estate administration, including identifying and valuing assets, settling liabilities, and distributing the estate in accordance with the terms of the Will.

Your Enduring Power of Attorney and Advance Care Directive must be completed using the correct forms and be properly witnessed. Without this, financial institutions, aged care providers and health professionals may not act on them. We tailor the powers granted to reflect your circumstances, incorporate appropriate limitations where needed, and confirm the documents are executed at a time when you have legal capacity and understand their effect.

Professional legal assistance also includes helping you identify appropriate Attorneys and Substitute Decision Makers, planning for alternate appointments, and reviewing your documents if your personal circumstances or the law changes. Where probate is required or an estate must be administered, we manage the court application and associated steps in line with legal duties, ensuring the process remains structured and compliant.

Engaging our experienced wills and estate planning team helps ensure these important documents are not only legally sound, but also work together as an integrated part of your broader estate strategy.