Jack Hetzel-Bone

Jack Hetzel-Bone

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Advance Care Directives Act: Is my Enduring Power of Guardianship still valid?

The short answer: Your Enduring Power of Guardianship may not be valid if it was made leading up to 1 July 2014.

Read on to understand why.

It’s often difficult to contemplate a situation where we lose mental capacity. It involves confronting that fundamental truth that we as people like to avoid: losing our autonomy. Fortunately, there are legal safeguards that people can put in place prior to this difficult time which will allow them to choose who will make important medical decisions for them.

Prior to 1 July 2014 a person could make an Anticipatory Direction, Medical Power of Attorney or Enduring Power of Guardianship to record their wishes about medical decisions. Then Parliament enacted the Advance Care Directives Act 2013 (SA). Now if someone wishes to record their directions as to health care and medical decisions they make an Advanced Care Directive and appoint Substitute Decision Makers. You are no longer able to make Enduring Powers of Guardianship or similar.

The Advance Care Directive must be in the pro-forma that the SA Government has created. It also must be properly signed and witnessed, must not be given by a person under coercion, and a person must have read and understood specific guidelines on what the Advance Care Directive is and its purpose before they sign.

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Changes to conveyancing laws in South Australia: What you need to know

 

Recently the Registrar-General of the Lands Titles Office introduced wide ranging reforms to how conveyancing is conducted in South Australia. These reforms are through the implementation of a compulsory “Verification of Identity” policy that applies to the majority of land transactions conducted after 28 April 2014 such as:

  • Transferring an estate or interest in land;

  • Mortgages;

  • A Transmission application (when executors apply to deal with the land in a deceased estate);

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