There are several types of Powers of Attorney available, which operate via several different documents. Each document is designed to deal with different situations and events.To help plan for your future as effectively as possible, we outline the situations where the different types of Powers of Attorney are commonly utilised.
We are often asked, "Do grandparents have rights to see their grandchildren?" To answer this, it must first be acknowledged that children and/or grandchildren have the right to know and spend time with their family, whether they are immediate or extended family members. It's often thought that parents have rights or, in this instance, that grandparents have rights in family law. However, when it comes to children, it is the carers who have responsibility to maintain the well-being of the children, and as mentioned above, the children themselves have the rights. Ultimately, a grandparent's ability to spend time with their grandchildren will depend on the circumstances of each individual case, and particularly whether it is in the best interests of the children.
A caveatable interest is an interest in a property that allows a caveat to be registered on title to the property. A Caveat can be a very useful tool to protect your interest in a property. However, in Victoria, there are quite strict rules governing instances where you can lodge a caveat.
A Death Benefit Nomination is a tool utilised to distribute superannuation savings to a beneficiary. The Australian legal system separates an individual's personal assets from their superannuation. Unlike a deceased's bank accounts or property, which form part of their estate and will be distributed in accordance with their Will, superannuation savings can be directed straight to a beneficiary and bypass their estate.
If a mediation is to be successful, it requires some transparency on the part of all parties. The difficulty is knowing how much information to share in a mediation, without compromising your own position. This article will briefly set out some matters to consider.
Issues with executors may arise if there are any disagreements in their ability to carry out their duties in the administration of an estate. The role of an executor (or administrator) is often open for dispute, whether between co-executors or between executors and beneficiaries.
As of 12 March 2018, the Victorian Government has brought into effect a Medical Power of Attorney makeover, under the Medical Treatment Planning and Decisions Act 2016 (Vic). The key purpose of this Act is to provide for the making of medical treatment decisions on behalf of people who do not have decision-making capacity, through the provision of two key documents: a Legally Binding Advance Care Directive and an Appointment of Medical Treatment Decision Maker.
Often in relationships, one partner will earn a significantly higher income than the other, or will have built up a sizeable investment portfolio due to their financial acumen. Sometimes this is referred to as that partner having special or extraordinary skills or contributions, which can lead to that partner offering greater financial contributions within a relationship.
Family Dispute Resolution is a form of mediation in the family law context that is utilised as a means to resolve disputes. Generally, you should attempt some form of mediation prior to engaging in the stressful and expensive process of going to Court. Family Dispute Resolution can be accessed through organisations such as the Family Relationship Centre.
A Statutory Demand requires the Company to satisfy its debt to you within 21 days of service. If the Company fails to do so, or fails to apply to set aside the Statutory Demand within the 21-day period, then you are entitled to apply to the Supreme Court for the Company to be wound up. For this reason, a Statutory Demand can be a highly effective way of encouraging the Company to pay, since most do not want to have a liquidator appointed. Read here for more information.
