O'Brien Winter Partners

What is the difference between a General Power of Attorney and an Enduring Power of Attorney?

A general Power of Attorney will no longer have any effect in the event that you lose mental capacity. The Enduring Power of Attorney will continue to have effect even if you do lose mental capacity. If you do lose mental capacity and do not have an existing Power of Attorney, an application may be made to the Guardianship Tribunal or Supreme Court to have an Attorney appointed on your behalf.

What is an Enduring Guardian?

An Enduring Guardian is a person you appoint to act on your behalf and make decisions regarding your lifestyle, issues relating to your health and accommodation. The appointment comes into effect when you lose capacity and are no longer to make decisions for yourself. Your Enduring Guardian cannot make any decisions regarding your Will or consent to medical treatment that you have refused.

What is an executor?

An executor is the person, or people, you appoint in your Will to administer your estate after you pass away. The executor must follow your intentions as outlined in your Will. When considering who to appoint as your executor, it is important to think about someone whom you think is trustworthy, reliable and can be independent if a dispute arises.

What are my options for bail?

Bail can be granted a few different ways. Firstly, the Police may grant bail when you are charged. If the Police feel that you should be bail refused, or if there are serious charges applied, they must bring you before a court to have bail determined by the Local Court. You are entitled to have a legal representative with you at any bail application to present your best possible case.

Am I eligible for Legal Aid?

There is a means test that you are required to meet based on your income and assets. The seriousness of your charges as well as a number of other factors in accordance with Legal Aid Policy Guidelines will be taken into consideration. If you believe that you may be eligible for Legal Aid assistance, please fill out the Legal Aid Application Form and return to our office along with your Bank and Centrelink Statements, and our office will attend to on your behalf.

Is a Lawyer required in Family Law situations?

This is often an initial question that many people ask when faced with an issue in the Family Law area. The answer to this question will be based on a number of different factors; including if there is an amicable breakdown in the relationship, if there are children involved, if your partner has instructed a lawyer and if you are sure of your rights, entitlements and your obligations.

Can I change my will?

We recommend that you regularly update your Will when your circumstances change. For example, if you get married, your relationship breaks down, you have children, or you acquire new property or a significant amount of money.

What can I expect from Court?

When you are charged with an offence you will be given a court date by the Police. You will need to be present at court on this date. Usually the first court date is a short appearance which is either a plea or mention. The charges, the circumstances of the allegations, the advice from your legal representative and your instructions will dictate the direction your court case will take.