Practice Areas

Preparation of one or both of the above documents is one of the best forms of “insurance” that people can effect during their lifetime.
The “trigger” to the operation of either of these documents is “incapacity during lifetime”.  This incapacity can be mental and or physical, to the point where you cannot look after your own affairs or make decisions yourself.
A Power of Attorney covers financial and property (ie real estate) aspects.
A Guardianship Appointment covers health and lifestyle decisions.  This document can be complimented by an Advanced Care Directive.
When an Attorney or Guardian is appointed, they stand in your place and can do anything on your behalf that you would normally be able to do yourself, but only during your lifetime.  These documents cease to have any effect on the day that you pass away.

A Will sets out a persons wishes as to how their estate (everything they own on the day they pass away) is to be dealt with following their death.
A Will is an extremely important document, as, if you die without a Will, your affairs become much more complex, time consuming and less cost effective to deal with.
A Will should always be reviewed, as there are many “life circumstances” which would suggest that a Will has to be changed. Examples can include divorce, an Executor (the person appointed to assist in administration of your Estate) passing away or moving a long way away, a beneficiary dying, changing your assets etc.
Additionally, Andrew has many years of experience in assisting Executors in the administration of deceased estates.

If you are considering moving into a Retirement or “over 55s” Village, you need to be fully aware of the legal result in you doing so, and the financial implications, which can be quite complex and which many people find difficult to understand.
Most Retirement Villages involve you “paying for” a Lease of either 49 or 99 years.  That means that you do not actually own the Unit.There is then a calculation which sets out how much of the money that you pay to go into the Village is retained by the Village Operator, and over what period of time.  This needs to be fully understood and initially discussed with your family.  It is also a good idea to talk to other residents of Retirement Villages to get a feel for what it is like to live in a village, because it can be quite different to living in your own home.
Andrew has a wealth of experience in acting for clients going into Retirement Villages.  It is certainly good policy to seek legal advice, because the documentation can be quite daunting.

There are many factors to be considered when a Business is bought or sold.  Many of these factors are not taken into account by people who think they can just do a “handshake” deal, without having any legal documentation prepared.
Commercial leases also need to be properly documented and, in most cases, registered on the Title to the property.
Having written documents produced by a Solicitor at the commencement of these matters reduces any oral agreement to a written agreement, which can then be relied on by both parties at a later date, and ensures that there is no misunderstanding of the initial discussion.