Estate planning is a crucial aspect of financial management, ensuring your wishes are honoured and assets protected in the event of incapacity or death. In this article, we’ll explore two essential components of estate planning in Australia: Enduring Power of Attorney and Binding Death Benefit Nomination. Understanding these legal instruments is vital for safeguarding your interests and securing your legacy.
1. Enduring Power of Attorney (EPOA):
An Enduring Power of Attorney is a legal document granting a trusted individual (the “Attorney”) the authority to make decisions on behalf of another person (the “Principal”) if the Principal becomes incapacitated. To be valid, the EPOA must be signed by both parties while the Principal still possesses mental capacity. Once activated, the Attorney can make decisions regarding health, personal, and financial matters as specified in the document. It’s essential to draft the EPOA comprehensively to cover various scenarios and ensure the Principal’s interests are protected.
2. Binding Death Benefit Nomination (BDBN):
Many individuals are unaware that their superannuation funds do not automatically form part of their estate upon death. Instead, the decision of who receives the funds rests with the super fund trustees. A Binding Death Benefit Nomination allows you to instruct your superannuation fund to pay the funds to your nominated beneficiaries upon your passing. This nomination empowers you to designate specific beneficiaries, including your estate, ensuring your assets are distributed according to your wishes. However, it’s important to note that BDBNs expire every three years and must be renewed to remain valid.
3. Advance Health Directives
An Advance Health Directive is a legal document that allows you to:
- Specify medical treatments you consent to or refuse
- Appoint a health attorney to make healthcare decisions on your behalf
- Include instructions for critical scenarios, such as life-sustaining treatments or palliative care
AHDs are legally recognised in Queensland and are distinct from Wills or EPOAs, focusing solely on healthcare decisions.
Conclusion:
Estate planning is a vital component of financial management, providing peace of mind and ensuring your wishes are respected in the event of incapacity or death. By establishing an Enduring Power of Attorney and Binding Death Benefit Nomination, you can take proactive steps to protect your interests and secure your legacy for future generations. At Bennett Carroll Solicitors, we are experts in estate planning solutions tailored to your unique needs and circumstances. Contact us today to learn more about our services and start planning for a secure future..
Take Control With Help From Our Queensland Estate Planning Lawyers
At Bennett Carroll Solicitors, we draft tailored Enduring Powers of Attorney for clients across Queensland. Whether you’re in Brisbane, the Gold Coast, Sunshine Coast or across Queensland, we make the process simple and secure.
We offer:
- Queensland-wide service with remote appointments available by phone, email or video
- Offices in Brisbane, Stafford, Upper Mount Gravatt, Kawana, Ipswich, and Mermaid Beach
Call 1300 334 566
Email info@bcglaw.com.au
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This is general information only. It is not legal advice. It does not take into account any niceties you may have and should not be relied upon by anyone. Contact us for advice on your specific needs before making any decisions based on this information.
