Separation: How to protect yourself with an Enduring Guardian and Enduring Power of Attorney by taking the power away from your estranged Spouse when the trust is gone

Going through a separation is emotionally draining, and we understand that estate planning may be the last thing on your mind. However, it is crucial to understand what steps you need to take to protect yourself and your assets. Did you know that when you are separated but not yet legally divorced, your estranged spouse may still be regarded as your next of kin?

This means that if, during the course of family law proceedings or prior to a divorce, a GP or specialist deems you to have lost capacity to make decisions for yourself, your estranged spouse may be able to manage your financial affairs or make decisions in relation to your health and lifestyle to decide what healthcare you receive, whether you go to a public hospital or private hospital, a nursing and even make the decision of “flicking the switch off” life support.

This is why, when you separate from your spouse, you should get yourself an Enduring Power of Attorney and Enduring Guardian to appoint one or more people, that you trust, to manage your financial and medical affairs if a doctor deems you incapable of making those decisions for yourself.

We understand that navigating estate planning during a time of personal upheaval can be overwhelming, but you don’t have to face it alone. At First Choice Family Lawyers, our experienced team is here to help you protect yourself and your assets. Contact First Choice Family Lawyers today on (02) 9579 5555 or email us at londi@firstchoicelaw.com.au to arrange a consultation with us.