There’s a range of legal solutions that accommodate most eventualities – from the random “what ifs” to the inevitable “when” situations. So, here goes … my three top – but by no means exhaustive – legal considerations for families.

Your voice

Who’ll speak for you, if you can’t? Enduring Powers of Attorney are, by no means, the sole domain of the aged. Every day, vibrant, healthy people are struck down, leaving them – temporarily or permanently – unable to act for themselves.

As with all the legal measures outlined, this is not just something you do for yourself, it’s also about making the going easier for those you care about.

Whatever your age or situation, without this piece of legal paperwork, everything can grind to a halt making everyday basics like paying your bills to decisions around medical treatment difficult, to say the least.

With an Enduring Power of Attorney, though, you can nominate the attorney of your choice in advance, a trusted person (or people) to act in your best interests, if you can’t. You can also specify any wishes you have around your personal welfare and assets.

A warning for all those married people out there: contrary to popular opinion, your spouse does not, by rights, become your voice if you’re incapacitated – unless, of course, you’ve legally appointed them attorney.

The ultimate protection

The applications and relevance of Family Trusts are wide-reaching and, while they’re becoming more common, there’s still confusion around exactly what purposes they serve and the protection they can provide.

A trust isn’t just for rich folk. Wealth is relative – most clear-minded people are particularly partial to having their assets around. Trusts are a particularly important consideration for many, including businesspeople and anyone in a relationship.

In business, no matter what structure you’re operating under, you can still find yourself open to personal liability. If your assets aren’t protected by a trust, you guessed it, they’re fair game for creditors.

Have you, will you?

Now, there’s really no arguing on this one – if you’re over 18, and you haven’t got a Will, get one.

Without this vital legal document, your loved ones will be subjected to far more stress, mucking around and cost after you’ve gone. Worse still, it’ll be the legal system that calls the shots on what happens to any dependents and assets, and the outcome might be far from what you would have wanted.

Homemade Wills can be legally binding, but unless you’re completely up with all that’s required, it really is best left to the professionals. There are, for instance, legalities that can override your wishes, and it only takes one little procedural flaw to render your homemade will null and void.

If your conscience has been pricked and you’re squirming slightly, maybe it’s time to make an early New Year’s resolution. Book an appointment with your lawyer, who’ll work through your circumstances and what needs to be put in place to give you and your loved ones peace of mind and certainty now and into the future.

Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected].

T: 03 443 0900

W: www.aspiringlaw.co.nz

Janice Hughes is a Director of, and senior legal adviser at, Aspiring Law. Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.