Who’s in Charge When You Can’t Be - with de Groots Wills & Estates Lawyers, Senior Associate Julia Tutt
We often think about planning for what happens after we die — making a Will, choosing an executor and deciding who should receive our assets.
But what if you’re still alive and you’re no longer able to make decisions for yourself?
That’s where powers of attorney and guardianship come in.
In this episode of Rest Easy Knowing, Fiona talks with Julia Tutt, Senior Associate at de Groots Wills and Estate Lawyers, about the documents that can determine who manages your financial affairs, makes decisions about your health and wellbeing, and steps in when you can no longer make those decisions yourself.
And there’s a serious warning: giving someone power over your finances is a significant decision. The conversation explores the risks of financial elder abuse, why choosing the right person matters, and the checks and balances you can consider putting in place.
In this episode
We talk about:
- The difference between a Will and a power of attorney
- What a power of attorney allows someone to do while you are alive
- What happens to a power of attorney when you die
- The difference between financial decision-making and decisions about health, medical treatment and where you live
- The distinction between a general power of attorney and an enduring power of attorney
- Why choosing an attorney requires careful thought and absolute trust
- How financial elder abuse can occur through powers of attorney
- Why keeping proper accounts and records matters
- How relationships and financial circumstances can change over time
- What happens if an attorney is suspected of misusing someone’s money
- What “loss of capacity” actually means — and why it isn't as straightforward as a diagnosis such as dementia
- The relationship between guardianship and advance healthcare planning
- Whether an independent professional can be appointed instead of a family member
- What to think about before seeing a lawyer to put your estate and incapacity planning in place
The practical takeaway
Julia's advice is simple: think carefully about who you appoint.
Before meeting with a lawyer, consider who you would trust to represent you if you lost capacity, whether that person should also be your executor after your death, and what arrangements might provide appropriate checks and balances.
It is also worth getting your affairs organised: make a summary of your bank accounts, property, lawyers, accountants and other advisers, keep that information somewhere safe, and make sure the people who may need it know where to find it.
Most importantly, don't assume that putting these documents in place once means you can forget about them. Your relationships, finances and circumstances can change significantly over the years.
Meet Julia Tutt
Julia Tutt is a Senior Associate at de Groots Wills and Estate Lawyers, a specialist firm focusing on Wills and Estate Planning, Estate Administration and Estate Litigation.
de Groots has offices in Brisbane, Sydney and Melbourne and specialises exclusively in Wills and Estate law.
Visit de Groots Wills and Estate Lawyers: degroots.com.au
A note about legal advice
This episode is intended to provide general information and is not a substitute for legal advice. Powers of attorney, guardianship, advance healthcare planning and estate planning arrangements differ between Australian states and territories.
If you are considering putting these documents in place, changing them, or are concerned about someone acting under a power of attorney, speak with a suitably qualified lawyer about your individual circumstances.
Rest Easy Knowing
Rest Easy Knowing is about making conversations around death, dying and end-of-life planning a little less daunting — and helping you understand the practical things that can make a difficult time easier for you and the people you love.
Recorded at Emerald Hill Heritage Centre on the traditional lands of the Boonwurrung people of the Kulin Nation. Fiona pays respects to Elders past and present and to all First Nations people listening.
Music by Sapiros.
