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Estate Planning after Receiving a Terminal Diagnosis

Ilana Kacev and Clare Hesbrook

A family member of mine is terminally ill – what steps should be taken now?

It may be the last thing on the mind of a patient or family member who has been diagnosed with a terminal illness, but organising one’s estate planning can provide relief and avoid additional stress at a difficult time.

Below are some of the key documents to consider during this time:

  1. Will – this document provides for
    • The distribution of a person’s estate.
    • The appointment of executors and trustees to manage the estate and any ongoing trusts.
    • The appointment of guardians for children.
    • Funeral directions and wishes.

  2. Enduring Power of Attorney
    • This allows you to choose someone you trust to take care of your legal, financial and lifestyle affairs when you may be too unwell to make these decisions yourself.

  3. Appointment of Medical Treatment Decision Maker (VIC) or Appointment of Enduring Guardian (NSW)
    • This document allows you to choose someone to make health decisions on your behalf when you may be too unwell to make these decisions for yourself.

  4. Advanced Care Directive
    • In this document, you can make decisions about your medical treatment in advance.This means that a doctor can use this to administer treatment in accordance with your wishes.

Knowing that your affairs are in order can take a weight off your shoulders.

How we can help

As expert estate planning lawyers we can advise and assist in the preparation and execution of these documents. Our focus is always to provide client focused, tailored advice to remove stress during a difficult time. We can also provide home visits, conduct meetings by video conference and in some instances, execute documents remotely by audio-visual means.

Please contact Ilana Kacev (VIC) or Clare Hesbrook (NSW) to discuss how we can help you.

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