News & Updates from Swift Legal

Powers of Attorney & Health

by devAdmin on March 26, 2014 Comments Off on Powers of Attorney & Health

Enduring Power of Attorney

An Enduring Power of Attorney is a document that appoints another person or persons to make decisions on your behalf for financial and/or personal/health matters and continues on should you lose the capacity to make these decisions. This could be if you lose the capacity through a long term illness or even if you are unconscious for a short period and decisions need to be made.

The types of decisions your attorney can make for you can include:

  • Financial matters: Paying your bills, dealing with Centrelink, selling or managing your property, investing your money
  • Personal/health matters: where you live, who you see, what health care you receive, your diet and dress

General Power of Attorney

A General Power of Attorney is a document that appoints another person to make decisions on your behalf about your financial affairs.  This power to make decisions will stop if you lose the capacity to manage your own affairs.  This kind of document is most often used for commercial entities and transactions.

Advance Health Directive

Advance Health Directives can help you plan what medical treatment or health care you would want to receive in the event you are too ill to make those kinds of decisions for yourself.

You can specify exactly what treatment is acceptable to you and what isn’t.  You’re also able to communicate special information to medical staff through this document, such as allergies, medications or religious beliefs that impact upon the types of treatments acceptable to you.

Without an Advance Health Directive in place there are no legal means to make your wishes known about when to stop or withhold life-sustaining measures.  Such wishes include whether you wish to receive CPR to keep your heart beating or assisted ventilation to keep you breathing.

This document allows you the opportunity to relieve your family and/or Attorney of the burden of making such difficult decisions in these situations and permits you to direct your family and medical staff of the exact health care and personal care you wish to receive.

Commonly Asked Questions

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.

Right now, before you need it is the best possible time, especially if you are going into hospital, or if you have a medical condition which could deteriorate and diminish your ability to make decisions.

You need to appoint someone your trust to make the right decisions. You can appoint more than one person if you wish, and you can specify exactly how they make their decisions – jointly or  separately. For financial decisions, make sure that the person you appoint has the necessary skills to deal with your finances.

It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also necessary for you to discuss your Advance Health Directive with your doctor, as they can explain the terminology involved. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.

Yes, it’s really important that your signature is witnessed before lawyer, a notary public, a commissioner for declarations or a justice of the peace. Your witness cannot be your attorney, a relative or a relative of your attorney, a health care provider or paid carer. With an Advance Health Directive your witness cannot be a beneficiary under your will.

Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

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Retirement & Elder Law

by devAdmin on March 26, 2014 Comments Off on Retirement & Elder Law

Elder Law is about protecting the elderly, whether this is you or someone you care about. It can help you plan for your retirement or assist you in planning for your loved ones who may no longer have capacity to do so. Elder law includes legal aspects of elderly life such as granny flats, retirement villages, assisted living arrangements and what happens if someone loses capacity. It also covers the unfortunate occurrences of elder abuse offering tools of protection and prevention.

Retirement Residences Long Term Leases

Retirement Villages and Aged Accommodation

Moving into a retirement village or an assisted living community can be a complex and overwhelming process and quite difficult to navigate. Getting advice on moving to a retirement village or aged care accommodation is essential to ensure you understand what living in these types of communities means for you.

Granny Flats

In today’s society, granny flats are becoming more and more common but lots of things need to be considered to make sure it’s the right move for you and your family. It may seem a good idea to build a granny flat on your son or daughter’s property however it is important that your rights are protected. There are many ways to reflect your family agreement to live together and ensure that your family relationship stays strong and harmonious.

Retirement Resident Licenses
Elder Abuse and Lost Capacity

Elder Abuse & Capacity

Unfortunately there comes a time when an elderly or disabled person may lose the capacity to look after themselves. What is even more unfortunate is that sometimes they can become a victim of abuse from those who are meant to care for them the most. Both of these difficult situations require careful advice about the action that can be taken to protect the elder or disabled.

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Probate & Deceased Estates

by devAdmin on March 26, 2014 Comments Off on Probate & Deceased Estates
Managing Deceased Estates

Probate & Letters of Administration

Often the first step in dealing with the assets of your loved one after they pass away can be the most overwhelming. Obtaining a grant of probate or a grant of letters of administration is a Supreme Court process that is very specific and regulated. Our expert solicitors understand this process and can help you get this initial stage complete quickly and simply.

Deceased Estate Administration

Whether it’s the family home or a large share portfolio, all assets belonging to a deceased person need to be dealt with in some way.  In estates of all sizes, the executor or administrator of the estate must liaise with government departments, financial institutions and other stake holders to finalise the affairs of their loved one.

We can help with the smallest or largest of jobs, including any one or all of the following:

  • Interpreting the Will of the deceased in accordance with the law
  • Advising executors, trustees and beneficiaries of estates and trusts
  • Liaising with government authorities, financial institutions and other stakeholders
  • Applying for probate and letters of Administration in the Supreme Court
  • Advising on and administering estates where there is no Will
  • Identifying and collecting estate assets and accounting for liabilities
  • Collection and/or transfer of estate assets, including (but not limited to) bank accounts, real property, shares, loans, insurance sums, superannuation
  • Paying estate liabilities and testamentary expenses
  • Advising on and administering testamentary trusts
  • Organising estate tax returns
  • Distributing and finalising estates
Estate Litigation and Disputes

Estate Litigation and Disputes

Multiple issues can arise at the beginning, during or at the end of the administration of a deceased estate. The types of disputes that often arise can include:

  • contesting a Will where a spouse or child has been left little or nothing in the estate;
  • challenging the validity of the Will; e.g. where the deceased lacked the capacity to make the will;
  • challenging the actions of a trustee acting inappropriately or fraudulently.

Estate litigation is a highly specialised area and requires a detail understanding of the law that applies. Whatever the estate law issue, we can help you resolve your dispute and find the best outcome for you.

Other Services

Family Separation & Children

Let us help you make things easier for you and your family in the event of a separation.

read more

Buying & Selling Your Home

Whether you are buying or selling, we can help you with all the stages of commercial, residential or rural property transactions.

read more

Wills and Estate Planning

Planning for your family’s future after you’re gone is a really important legal task.

read more

Probate & Deceased Estates

Allow Swift Legal to help you deal with the deceased estate issues you are facing during one of the more difficult challenges in life.

read more

Like what you see? Contact us for more information or to arrange a consultation.

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devAdminProbate & Deceased Estates

Wills and Estate Planning

by devAdmin on March 26, 2014 Comments Off on Wills and Estate Planning

Planning for your family’s future after you’re gone is an essential legal task.

It is risky to assume too much about what happens when you’re gone. If you take the time to make an effective and legally binding Will, you can save your family not only stress but also money in what will undoubtedly be one of the most difficult times of their lives.

Swift Legal are experts in providing legal advice for all matters relating to wills and estate planning. We can help:

  • Advise you in relation to deceased estate administration and probate
  • Write a will that carries out your intentions
  • Set up trusts, including family, testamentary, protective and disability trusts
  • Advise you in relation to choosing executors, attorneys and guardians
  • Advise you on strategies to minimise the risks that your estate is contested and subjected to litigation
  • Advise you on asset protection strategies and wealth management mechanisms
  • Advise you on superannuation as part of estate planning
  • Advise you on:
    • Family Trusts
    • Discretionary Trusts
    • Self-Managed Superannuation Funds
    • Superannuation

Estate planning includes not only your Will, but also dealing with the event of you losing the capacity to make decisions about your affairs. You can plan for these situations by putting in place an Enduring Power of Attorney. This kind of planning is essential to the everyday person to ensure you and your family are protected in situations of tragedy and difficulty.

This planning ensures that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements then the person or persons who you trust to make these decisions can do so unhindered.

Other Services

Buying & Selling Your Home

Whether you are buying or selling, we can help you with all the stages of commercial, residential or rural property transactions.

Probate & Deceased Estates

Allow Swift Legal to help you deal with the deceased estate issues you are facing during one of the more difficult challenges in life.

Family Separation & Children

Let us help you make things easier for you and your family in the event of a separation.

Powers of Attorney & Health

Powers of Attorney enable other people to make financial and/or personal/health decisions if you are unable to manage your affairs.

Like what you see? Contact us for more information or to arrange a consultation.

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Buying & Selling Your Home

by devAdmin on March 26, 2014 Comments Off on Buying & Selling Your Home

We can help with all stages of Queensland and New South Wales conveyancing and property transactions; whether you are buying or selling a home, unit, vacant block, community title, commercial real estate or rural property.

  • Legal advice in regard to real property transactions
  • Drafting and reviewing contracts
  • Established houses and land contracts
  • Off-the-Plan Contracts
  • Reviewing disclosure documentation
  • Advice on stamp duty and disbursements, including searches and registration costs
  • Intra-family property transfers
  • Joint purchases of property or change of ownership
  • Special conditions
  • Retirement Villages and Manufactured Homes
  • Liaising with banks in relation to mortgages and discharges
  • Advice for first home buyers
  • Easements, Caveats, Building and Protective Covenants
  • Dispute resolution

Other Services

Probate & Deceased Estates

Allow Swift Legal to help you deal with the deceased estate issues you are facing during one of the more difficult challenges in life.

read more

Powers of Attorney & Health

Powers of Attorney enable other people to make financial and/or personal/health decisions if you are unable to manage your affairs.

read more

Wills and Estate Planning

Planning for your family’s future after you’re gone is a really important legal task.

read more

Family Separation & Children

Let us help you make things easier for you and your family in the event of a separation.

read more

Like what you see? Contact us for more information or to arrange a consultation.

read more
devAdminBuying & Selling Your Home

Family Separation & Children

by devAdmin on March 26, 2014 Comments Off on Family Separation & Children

The breakdown of a relationship is one of the most difficult experiences anyone will ever have to go through.

Family Law Solicitors Brisbane, Sunshine Coast

Our solicitors are professional, understanding and caring people. They will listen to what you have to say and provide you practical, holistic and experienced legal advice to assist you in your greatest time of need. Our family law solicitors can help you with:

  • Legal advice in regard to initial separation discussions
  • Drafting and reviewing property settlement agreements and consent orders
  • Initiating and responding to divorce proceedings
  • Spousal maintenance, superannuation and financial issues
  • Advice in relation to property transfers, including stamp duty, disbursements and registration costs
  • Breaches and contraventions of property and spousal agreements
  • Child custody and parenting agreements and consent orders; including visitation, relocation and residence
  • Parenting disputes
  • Child support arrangements
  • Breach or contravention of parenting arrangements
  • Blended family/second marriage issues, including estate planning considerations
  • Dispute resolution and mediation

Other Services

Probate & Deceased Estates

Allow Swift Legal to help you deal with the deceased estate issues you are facing during one of the more difficult challenges in life.

read more

Powers of Attorney & Health

Powers of Attorney enable other people to make financial and/or personal/health decisions if you are unable to manage your affairs.

read more

Wills and Estate Planning

Planning for your family’s future after you’re gone is a really important legal task.

Buying & Selling Your Home

Whether you are buying or selling, we can help you with all the stages of commercial, residential or rural property transactions.

read more

Like what you see? Contact us for more information or to arrange a consultation

Let's work together
read more
devAdminFamily Separation & Children