Wills Are for Death, But What If You Don’t Die?
Most of us know we need a Will. It is the plan for what happens after we die, who gets what, who takes care of things, and how our wishes are carried out.
But what if you do not die?
That is the part many people forget to plan for.
Every year, more Australians lose capacity through dementia, a stroke, an accident, or a sudden medical event. They are alive, but unable to make financial, legal, or personal decisions.
When that happens, a Will cannot help.
If you have not thought about what would happen if you lost capacity, it is worth speaking with an estate planning lawyer who can help you put the right protections in place before it becomes urgent.
What Happens If You Cannot Make Decisions?
Most people focus on what happens after they die, but very few think about what happens if they cannot make decisions while they are still alive.
If you lose capacity and do not have the right documents in place, like a Power of Attorney or an Enduring Guardian, your family cannot simply step in and sort things out for you.
Instead, they have to apply to NCAT (the NSW Civil and Administrative Tribunal) to be formally appointed. It can be slow, stressful, and expensive, and it usually comes at a time when your loved ones are already dealing with a major health scare.
We see it all the time. Families caught off guard, trying to manage bills, property and care decisions, all while navigating unfamiliar legal processes. It is overwhelming, and it is completely avoidable.
Incapacity is not something people plan for, but it can happen to anyone, at any age. Thinking about it now means you take that pressure off the people you love later.
For context, you can read more about what really happens when there’s no Will in place — it’s a similar kind of uncertainty, just while you’re still alive.
Protecting Your Future Self
Planning for incapacity is not complicated, and it is not morbid.
It is simply giving your future self, and the people who love you, clarity, comfort, and control.
A Power of Attorney allows someone you trust to manage your finances and legal affairs.
An Enduring Guardian lets them make health and lifestyle decisions if you cannot.
Together, they fill the gap between living and dying, the space where life is still happening but decision-making is not possible.
If you are updating your Will, it is the perfect time to review the rest of your plan too. These documents sit neatly within broader estate planning and help ensure your family’s wealth and wellbeing are protected in every scenario.
It’s Simple. But Critical.
Putting these documents in place doesn’t take long, and it’s one of the smartest things you can do for your future.
Because a Will only takes effect when you die.
A Power of Attorney and Guardian protect you while you’re still here.
If you already have a Will, now’s the time to make sure it’s done properly. Our guide on effective Will drafting explains how to ensure your wishes are truly honoured.
Protect your future self. Let’s plan for the outcomes.
Talk to an estate planning lawyer at Connected Legal + Commercial today.
DISCLAIMER
The content given herein is provided for information purposes only. It is general in nature and does not constitute legal advice and should not be used as such. Formal legal advice should be sought in particular matters.
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