Five Legal Documents Every Adult Should Review

Life gets busy. Legal documents are easy to put off, especially when everything seems fine - and there are always seemingly more important things to attend to. But having the right documents in place can make things much easier for you and your family if something unexpected happens – and let’s face it, life has a knack of throwing a good curveball at the worst possible time.

Everyone’s circumstances are different, so it is worth getting advice before preparing or changing important legal documents. Because every person’s circumstances are unique, this checklist is a general guide only and is not legal advice.

1. Your Will

A will says what should happen to your assets after you die. It can also appoint the person who will manage your estate.

It is never pleasant thinking about a will, but the last thing your family needs to deal with at a time of grief is uncertainty or complications when it comes to your will – making sure that you will is up to date and relevant is one way to make sure that you don’t add to your families worries at an already very sad time in their lives.

You should review your will regularly, but especially if any of the following applies to you:

• you do not have one;

• you made it many years ago;

• you have married, separated, divorced or started a new relationship;

• you have had children or grandchildren;

• you have bought or sold major assets;

• someone named in your will has died;

• your executor is no longer the right person to manage your estate; or  

• your wishes have changed since you last made a will.

A will can also deal with important issues like gifts to family, charities, blended family arrangements, and who should act as guardian for children.

An important question to ask yourself is: Would my family know what I wanted, and is it written down properly?

2. Enduring Power of Attorney

An Enduring Power of Attorney allows someone you trust to make financial and property decisions for you if you cannot make those decisions yourself.

This might include things like:

• paying bills;

• managing bank accounts;

• dealing with Centrelink or superannuation paperwork;

• buying or selling property;

• managing investments; and/or

• signing financial documents.

This document can be very important if you lose capacity due to illness, injury, dementia or another unexpected event.

You should review your Enduring Power of Attorney if:

• you do not have one;

• the person you appointed is no longer suitable;

• your relationship with the person has changed;

• the person has moved away, become unwell or died;

• your financial situation has changed; or

• you are unsure when the document starts operating.

A useful question to ask yourself is: who would legally manage my money and property if I could not?

3. Enduring Power of Guardianship

An Enduring Power of Guardianship allows someone you trust to make personal, lifestyle and medical treatment decisions for you if you lose capacity.

This may include decisions about:

• where you live;

• support services;

• medical treatment;

• dental treatment;

• care arrangements; and/or

• access to services.

This is separate from an Enduring Power of Attorney. The difference is that an Enduring Power of Attorney deals mainly with money and property, while an Enduring Power of Guardianship deals with personal, lifestyle and health-related decisions.

You should review your Enduring Power of Guardianship if, for example:

• you do not have one;

• your appointed guardian is no longer the right person;

• your family circumstances have changed;

• you have particular medical, care or lifestyle wishes; or  

• you are worried about family members disagreeing in the future.

The question here is: who would speak for me about care and medical decisions if I could not speak for myself?

4. Advance Health Directive

An Advance Health Directive records your decisions about future medical treatment if you later become unable to make or communicate those decisions. It can help doctors and loved ones understand your wishes about treatment, end-of-life care and medical intervention.

You may want to consider an Advance Health Directive if, for example:

• you have strong views about medical treatment;

• you have a serious or ongoing health condition;

• you want to reduce pressure on family members;

• you want your wishes clearly recorded; or

• you are reviewing your broader estate and life planning documents.

This document can be especially useful because it is your own voice, recorded in advance, and, much like a will, can serve as helpful guidance to your family members at a time when they may be finding certain decisions involving your health impossibly difficult to make.

A relevant question to ask yourself would be: Would my loved ones know what medical treatment I would or would not want?

5. Superannuation Death Benefit Nomination

Many people do not realise that superannuation does not automatically form part of their Will. Your super fund may decide who receives your superannuation death benefit unless you have a valid nomination in place.

Depending on your fund, you may be able to make a binding death benefit nomination, a non-binding nomination, or a reversionary pension nomination.

You may wish to review your superannuation nomination if, for example:

• you do not know who is currently nominated;

• your nomination has expired;

• you have married, separated or divorced;

• you have children or defendants;

• you are part of a blended family;

• your nominated beneficiary has died; or  

• your Will and superannuation nomination contradict each other.  

This is an area where small mistakes can cause big problems, especially in blended families or after separation – mistakes which are avoidable.

It is important to ask yourself the following: Who would actually receive my superannuation if I died tomorrow?

Bonus document: Important Information List

As a lawyer with over twenty years’ experience, I have encountered the same scenario dozens of times: A person passes away, leaving their family members frantically trying to locate important documents and information. I have coached many clients through this process, and it has always struck me that this layer of added worry and stress comes at a time when the family members are least able to cope with it, and is to a large extent avoidable and unnecessary.

An Important Information List is most often not a formal legal document, but it can be incredibly helpful to ease the burden on your family and friends at a time they need it the most.

I always recommend that my clients keep a secure list of the following:

• bank accounts;

• superannuation funds;

• insurance policies;

• property details;

• mortgage or loan information;

• accountant or financial adviser details;

• digital account instructions;

• funeral wishes; and  

• location of your original Will and legal documents.

Please be very careful about your sensitive information, and do not leave sensitive information somewhere unsafe or where it could end up in the wrong hands. But do make sure the right person knows where to find it if necessary.

It is important to consider this question: Would my family know where to start if something happened to me? If the answer is no, it may be time to remedy this.

A simple next step

This process may seem very overwhelming, but you don’t need to sort everything out at once. It is important to start, however, because getting your legal life admin in order can give you and your family peace of mind.

You can start by asking yourself the following questions: Do I have these documents? Do I know where they are? Are they still right for my life now?

Need help reviewing or drafting your documents?

Barratt Law helps local individuals and families understand their legal documents and plan ahead with confidence.

Contact Barratt Law for a free 15 minute phonecall to see how we can help you.

Cara Barratt
Principal Solicitor
Ph: 0493554229
Email: cara@barrattlaw.com.au
Website: www.barrattlaw.com.au

Important note
This checklist is general information only and is not legal advice. It is based on Western Australian legal concepts and may not apply to your specific circumstances. You should seek legal advice before preparing, signing or changing legal documents. For more information please refer to our website policies here.