Ward Legal Queensland

17/10/2026

🧠💼 Who Would Make Decisions for You during your lifetime If You Couldn't?

Life can throw curveballs—an accident, illness, or unexpected event could leave you unable to make decisions for yourself. That’s where an Enduring Power of Attorney comes in.

It’s a legal document that lets you choose someone you trust to make financial, health, or personal decisions on your behalf while you're still alive. It’s different from a Will, which only kicks in after you’ve passed away.

If you lose the ability to make decisions and haven’t set one up, it’s too late to do so. In that case, someone—like a family member or close friend—would need to apply to QCAT (Queensland Civil and Administrative Tribunal) to be appointed as your Guardian (for personal and health matters) or Administrator (for financial matters).

This process can take months, and if there’s disagreement over who should be appointed, it can cause stress and tension within your family. QCAT might even appoint the Public Trustee or Public Guardian to make decisions for you—and they can charge fees for their services.

💡 The good news? It’s easy to avoid all that.
✅ Plan ahead
✅ Choose someone you trust
✅ Get peace of mind
If you would like an Enduring Power of Attorney, contact Ward Legal Queensland to see how we can assist.

👉Ward Legal Queensland for Wills and Estate Law - Estate Planning, Pre-Nuptial and During Relationship Binding Financial Agreements, Wills, Enduring Powers of Attorney, Probate, Letters of Administration and Estate Administration.
📨Email: [email protected]
☎️Phone: 07 3134 2796
📲Mobile: 0424 839 273
🤳Website: https://wardlegal.au

13/10/2026

THINKING ABOUT AN EPA (Enduring Power of Attorney)? Should your attorney act immediately or only if you lose capacity?

When preparing an EPA, one of the most important decisions is when your attorney's authority should begin.

For financial matters, you can choose whether your attorney can act:-
✅ Immediately upon signing the EPA, or
✅ when you do not have capacity to make decisions for financial matters.

Neither option is right for everyone. The best choice depends on your personal circumstances, the level of trust you have in your chosen attorney and whether you would like assistance managing your affairs while you still have capacity.

An attorney appointed to act immediately can help with practical matters such as banking, property transactions, and signing documents if you are unavailable, travelling, unwell or simply prefer to have assistance. Importantly, they must always act in your best interests and comply with their legal obligations.

Alternatively, some people prefer their attorney's authority to commence only if they lose capacity. This allows them to retain sole control over their financial affairs unless that situation arises.

However, there is an important practical consideration.
If you choose for your attorney's appointment to commence only upon loss of capacity, a capacity assessment will generally be required before your attorney can begin acting under the EPA. This process can take time and may delay decisions that need to be made urgently.

One of the most common misconceptions we encounter is where people believe that an attorney can automatically step in because a person is frail, bedridden, physically incapacitated, or has impaired vision. An attorney whose authority begins only upon loss of capacity cannot act simply because someone has physical limitations. Their authority arises only when the person lacks the mental capacity required to make the relevant decisions.

Before signing an EPA, it is worth considering:
🔹Who you trust to act as your attorney
🔹Whether you may benefit from assistance managing your affairs in the future
🔹The advantages and potential risks of an immediate appointment
🔹 Whether a delay in obtaining a capacity assessment could create practical difficulties
🔹Any safeguards or restrictions you would like included in the document

An EPA is a powerful legal document. Understanding how and when your attorney can act is an important part of ensuring the arrangement reflects your wishes and works effectively when needed.

Disclaimer: This post provides general information only and is not legal advice for your circumstances.

👉Contact Ward Legal Queensland for Wills and Estate Law - Estate Planning, Pre-Nuptial and During Relationship Binding Financial Agreements, Wills, Enduring Powers of Attorney, Probate, Letters of Administration and Estate Administration.
📨 Email: [email protected]
☎️Phone: 07 3134 2796
📲Mobile: 0424 839 273
🤳Pricing on our website: https://wardlegal.au/

12/10/2026

At Ward Legal Queensland we are proud to offer competitive pricing for Wills and Estate services particularly for basic and standard Wills. More complex Wills attract higher fees.
Details of our fees are on our website.

Our principal solicitor, Les Ward has over 30 years’ experience, with the majority of that practice dedicated to Wills and Estate Law — including estate planning, preparation of standard and complex wills and estate administration. In addition, Les brings well rounded experience to his wills and estate practice having previously practiced in estate litigation, family law and property law.

👉Contact Ward Legal Queensland for Wills and Estate Law - Estate Planning, Pre-Nuptial and During Relationship Binding Financial Agreements, Wills, Enduring Powers of Attorney, Probate, Letters of Administration and Estate Administration.
📨Email: [email protected]
☎Phone: 07 3134 2796
📲Mobile: 0424 839 273
🤳Pricing on our website: https://wardlegal.au/

10/10/2026

📋Most people have ‘sort out my Will’ sitting on their To Do List longer than they’d like to admit and its one of those tasks that slips down the list as the year gets busy. If that sounds familiar, now is a good time to finally tick it off your list.

🎄With Christmas and the end of year holidays getting closer, make this the year you finally get it done. 🏖

📞 Contact Ward Legal Queensland for Wills and Estate Law - Estate Planning, Pre-Nuptial and During Relationship Binding Financial Agreements, Wills, Enduring Powers of Attorney, Probate, Letters of Administration and Estate Administration.

📨Email: [email protected]
☎ Phone: 07 3134 2796
📲Mobile: 0424 839 273
🤳 Website: https://wardlegal.au/

28/09/2026

In short, Probate is a Court order confirming that the Will being relied on is the deceased person’s last valid Will and that the person named as Executor is formally authorised to act. It is essentially the Court giving the Executor the “green light” to administer the estate and it provides important protection to the Executor.

Whilst Probate is recommended for many reasons, it is not required in every case. Many executors still choose to obtain Probate because it confirms the validity of the Will and provides legal protection. If a later Will is discovered, an executor who acted under a Grant of Probate cannot be sued by the executor of the later Will for steps taken in reliance on the Court’s authority. The exception is where the first executor knew about the later Will and failed to disclose it in the probate application.

Examples of When Probate May Be Required:-
🔹 When there is no surviving joint owner
Jointly owned assets (such as a home held as joint tenants) pass automatically to the surviving owner and do not require Probate. But if assets are held solely or as tenants in common, Probate may be needed.

🔹When banks or financial institutions or retirement villages request it. Banks often require Probate before releasing funds, especially when account balances are above their internal thresholds. These thresholds vary between institutions but Probate is commonly required for significant savings accounts, term deposits, managed funds, shareholdings and funds held by retirement villages

🔹When the estate holds shares or investments
Share registries and investment platforms usually require Probate to ensure the Executor has legal authority to deal with the assets.

🔹When institutions need protection from liability
Probate confirms the Will is valid and the executor is authorised, allowing banks, super funds and other institutions to safely release assets. If there is any uncertainty, they will request Probate.

🔹When the Will is being challenged or there are concerns
If there are questions about the Will’s validity, competing versions, or potential disputes, Probate provides clarity and legal certainty.

🔹Superannuation: For release of funds held by a Superannuation Fund, Probate may be required.

⭐ When Probate is not usually required
Probate may not be needed when the estate is small, all assets are held as Joint Tenants, banks agree to release funds without Probate and there is no real property in the deceased’s sole name or held as Tenants in Common.

⚠️Tip for Executors
If you are named as executor, it is important to obtain legal advice about whether Probate is required or recommended. Probate protects you from personal liability and ensures you are acting with the proper authority. It confirms the validity of the Will and your appointment, and in many situations — including dealing with property or significant assets — it is the safeguard that allows you to carry out your duties confidently and lawfully.

Disclaimer: This post contains general information only and not legal advice for your matter.

👉Contact Ward Legal Queensland for Wills and Estate Law - Estate Planning, Wills, Enduring Powers of Attorney, Advance Health Directives, Probate, Letters of Administration and Estate Administration.

📨Email: [email protected]
☎️Phone: 07 3134 2796
📲Mobile: 0424 839 273
🤳 https://wardlegal.au/

26/09/2026

At Ward Legal Queensland we are proud to offer competitive pricing for Wills and Estate services particularly for basic and standard Wills. More complex Wills attract higher fees.
Details of our fees are on our website.

Our principal solicitor, Les Ward has over 30 years’ experience, with the majority of that practice dedicated to Wills and Estate Law — including estate planning, preparation of standard and complex wills and estate administration. In addition, Les brings well rounded experience to his wills and estate practice having previously practiced in estate litigation, family law and property law.

👉Contact Ward Legal Queensland for Wills and Estate Law - Estate Planning, Pre-Nuptial and During Relationship Binding Financial Agreements, Wills, Enduring Powers of Attorney, Probate, Letters of Administration and Estate Administration.
📨Email: [email protected]
☎Phone: 07 3134 2796
📲Mobile: 0424 839 273
🤳Pricing on our website: https://wardlegal.au/

26/09/2026

Contact us to see how we can assist with your matter.
👉Contact Ward Legal Queensland for Wills and Estate Law - Estate Planning, Wills, Enduring Powers of Attorney, Advance Health Directives, Probate, Letters of Administration and Estate Administration.
📨Email: [email protected]
☎️Phone: 07 3134 2796
📲 Mobile: 0424 839 273
🤳Website: https://wardlegal.au/

17/09/2026

Changes are coming to the Support at Home program from 1 October 2026. Personal care services — things like showering, dressing, eating and everyday hygiene support — will be fully funded by the Australian Government for approved participants, with no personal contribution required.

Retirement Care Solutions has shared a helpful update explaining what this means and how families can prepare. If you’re supporting an older loved one and navigating aged care options, please see this post for more information.

CHANGES TO SUPPORT AT HOME FROM 1 OCTOBER 2026

An important change is coming for people receiving personal care services through the Support at Home program.

From 1 October 2026, personal care services will move from the Independence contributions category to the Clinical Supports contribution category.

What does this mean?

The Australian Government will fully fund approved personal care services from a participant’s available Support at Home budget, meaning participants will no longer need to pay a contribution towards these services.

Personal care can include support with everyday tasks such as:
• Showering and personal hygiene
• Dressing
• Eating
• Non-clinical continence management
• Assistance with self-administration of medication

To access personal care without an out-of-pocket contribution, participants must still be approved for personal care services in their support plan and have available Support at Home funding.

Understanding changes to aged care funding can be confusing. Retirement Care Solutions can help you understand what the changes may mean for you or your family.

Book a complimentary discovery call to talk through your situation.

1300 245 502 | [email protected] | www.retirementcaresolutions.com.au

14/09/2026

📋Most people have ‘sort out my Will’ sitting on their To Do List longer than they’d like to admit and its one of those tasks that slips down the list as the year gets busy. If that sounds familiar, now is a good time to finally tick it off your list.

🎄With Christmas and the end of year holidays getting closer, make this the year you finally get it done. 🏖

📞 Contact Ward Legal Queensland for Wills and Estate Law - Estate Planning, Pre-Nuptial and During Relationship Binding Financial Agreements, Wills, Enduring Powers of Attorney, Probate, Letters of Administration and Estate Administration.

📨Email: [email protected]
☎ Phone: 07 3134 2796
📲Mobile: 0424 839 273
🤳 Website: https://wardlegal.au/

10/09/2026

Sharing this important message originally posted by Redlands Injury Law, along with R U OK?'s Facebook post.

When someone says “I’m fine” but you have a feeling they’re not, it can be hard to know what to do next.

The R U OK? website https://www.ruok.org.au/ has helpful guidance on how to continue a supportive conversation.

If you or someone you know needs support after hours, help is available 24/7:
📲in an emergency ring 000
📲Lifeline: 13 11 14
📲 Su***de Call Back Service: 1300 659 467
📲Beyond Blue: 1300 22 4636
📲13 YARN: 13 92 76 (Aboriginal & Torres Strait Islander support)
📲Kids Helpline: 1800 55 1800 (ages 5–25)
📲MensLine Australia: 1300 78 99 78

There is a wide range of support available, including free and reduced cost options. A GP is often the first point of contact and can provide guidance, referrals and ongoing support.

👉Mental Health Care Plans: A GP can refer someone for up to 10 individual psychology sessions per calendar year under Medicare. Some psychologists bulk bill these sessions, while others may charge a gap fee. Someone.health Psychology is one psychologist which offers Medicare bulk billed telehealth appointments for people with a Mental Health Care Plan. https://someone.health/

Other Free Support Options
👉Public Hospital Emergency Department

👉Redlands Medicare Mental Health Centre 40 Middle Street, Cleveland 10 am – 6 pm, Monday to Friday Phone: 1800 573 955 Walk in, free professional mental health support. No Medicare card, referral or appointment required. (Also available in Logan at 91 Wembley Road, Logan Central.)

👉UQ With You – University of Queensland Free, short term counselling for people experiencing mental health concerns. Available in person at UQ St Lucia or via telehealth (Zoom or phone). Support is provided by final year postgraduate counselling students and provisional psychologists, supervised by senior practitioners. They assist with concerns such as stress, anxiety, depression, adjustment difficulties, isolation, relationship pressures, health related stress, grief and loss. Confidential and accessible to all community members. Email: [email protected]; Phone: +61 7 3365 6375

👉headspace has excellent resources to support young people aged 12-25 as well as parents, carers and family. They offer online and phone support with qualified professionals, group chats, and one on one webchat or phone counselling between 3 pm and 10 pm each day. There are free 1 hour online webinars for parents and carers as well as lots of other resources and support. With more than 150 centres across Australia, young people can access in person support in their local community. https://headspace.org.au/

👉Support through your workplace. Many workplaces offer Employee Assistance Programs (EAPs), which provide free, confidential counselling for employees and sometimes their immediate family members. If you’re not sure whether your workplace has an EAP, you can check with HR or your manager. These services are designed to be private, supportive and easy to access.

These are just some of the options available. Your GP can talk with you about what might be most helpful and connect you with the right supports. If you know of any additional good supports or resources, please comment below.