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Frequently Asked Questions
What if I have children under 21?
You should appoint a guardian in your will to care for them in case both parents pass away.
How long do I have to file a medical negligence claim?
Generally, within 3 years from the date the injury was discovered. Earlier legal advice is best.
What is the difference between a Power of Attorney and Guardianship?
A Power of Attorney typically covers financial decisions, while a guardian is appointed to make personal, lifestyle, and medical decisions.
Who can be appointed as a guardian?
Usually a family member, trusted friend, or professional who can act in the person’s best interests.
When is guardianship necessary?
When someone lacks decision-making capacity and there’s no existing arrangement or disagreement about their care.
When should I create a Power of Attorney?
It’s best to set one up while you are of sound mind and can make informed choices about your future.
Can I appoint more than one attorney?
Yes, you can appoint multiple attorneys to act jointly, severally, or in a specified order.
What happens if I don’t have a POA and lose capacity?
Without a POA, family or loved ones may need to apply to a tribunal or court for authority to act, which can be time-consuming and stressful.
Can I challenge a will if I was left out?
Yes, if you are an eligible person (e.g., spouse, child, or dependent), you may claim for further provision under relevant state laws.
What is the time limit to contest a will?
Time limits vary by state but are typically between 6 and 12 months from the grant of probate. Prompt legal advice is essential.