The Looming World Crisis of Incapacity

The Looming World Crisis of Incapacity in SA

Estate Planning, Planning for Disability and Incapacity, Trusts & Guardianship
The Looming World Crisis of Incapacity

Australia is facing a tsunami of widespread mental incapacity among the largest and wealthiest segment of our population. Advances in mental health have not kept pace with advances in other areas of medical science.

According to Alzheimer’s Australia, more than 340,000 Australians currently have dementia, and that number is expected to reach nearly 900,000 in the next 35 years unless a medical breakthrough occurs. These grim statistics highlight the need for everyone to plan ahead so that their medical and financial needs are met should they ever become mentally incapacitated.

When it comes to Wills & estate planning in Adelaide, you can trust the oldest law firm in South Australia, Genders & Partners to guide you through the tough decisions you must make for your future care and financial welfare.

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Advance Care Directives in South Australia

Estate Planning, Trusts & Guardianship, Wills, Wills and Estate Planning
Advance Care Directives in South Australia

Since 1st July 2014 this new style of document in South Australia has replaced the older documents known as Medical Power of Attorney, Enduring Power of Guardianship and Natural Death Anticipatory Directive.

This Advance Care Directive document allows you to appoint one or more persons to act as your Substitute Decision Maker, to make decisions for you about your medical & health care treatment and accommodation issues if you’re unable to do so for yourself. This can make all the difference between ensuring your wishes are met in very stressful times, and having treatment and care almost forced upon you against your wishes.

An Advance Care Directive is a legal form that allows people over the age of 18 years to state their wishes, preferences and instructions for future health care, end of life, living arrangements and personal matters and/or

An Advance Care Directive cannot be used to make financial decisions.  This requires a different document known as a Power of Attorney.

Genders and Partners

The Right to Choose Gains Momentum in South Australia

Advance Care Directives, Estate Planning, Wills and Estate Planning
The Right to Choose Gains Momentum

End of life decisions are filled with emotion, and religious, ethical and philosophical issues ignite debate.

Some form of human euthanasia or assisted suicide is legal in the Netherlands, Belgium, Colombia, Luxembourg, Switzerland, Germany, Japan, Albania and in the US states of Washington, Oregon, Vermont, New Mexico, Montana and California.

Euthanasia is currently illegal in every state and territory of Australia. For a brief period, it once was legal in the Northern Territory, by the Rights of the Terminally Ill Act 1995. However in 1997, the Australian Federal Government overrode the Northern Territory legislation through the introduction of the Euthanasia Laws Act 1997.

Around the world, an increasing number of states and countries are allowing people to choose for themselves.

Genders and Partners

A Pet Trust To Look After Your Pet When You Cannot

Estate Planning, Pets, Trusts & Guardianship
A Pet Trust To Look After Your Pet When You Cannot

If you become incapacitated or die, what will happen to your pets?

Most pets are dependent on humans for food and shelter, and are unable to look after themselves. It is cruel and illegal to release your pet into the wild to fend for itself, and there may be environmental concerns even if it could survive. As a loving and responsible pet-owner you should include the future well-being of your surviving pets in your   plan.

Genders & Partners is the oldest law firm in South Australia, and we have the knowledge, experience and sensitivity to ensure that the right provisions are made for the ongoing care of your pets if you should outlive them or lose the ability to care for them.

If you die or get carried off to hospital suddenly, your pet might be enclosed in a yard, a cage or inside the house. Your family has enough to deal with getting to grips with your illness or death, let alone worrying about a house full of pets. Will they even remember that you have a pet?  Probably not for several days, if at all.  We suggest setting up a South Australian Pet Trust, as this is a legal document which covers the ongoing care of domestic animals in specific circumstances, such as in the event of your death or incapacity. It names new caregivers or requests that trustees search for new homes for your pets. A trustee is then legally authorised to carry out your wishes from the day of your death or incapacity. A Pet Trust in South Australia differs from a Will, which may take weeks or months to come into effect, as it may require a Court process known as Probate.