Legal Matters (Short Course)
A short course of two 2 hour sessions on Wills, Powers of Attorney and Online Banking offered by retired lawyer John Barry.
The course will be held on Mondays August 14th from 10 am to 12 midday and Tuesday September 26th from 1.30 to 3.30 pm in the U3A Meeting Room at the Benalla Senior Citizens Community Centre in Fawckner Drive. (Please note rescheduling of second session to 26/9)
For more information please contact Margaret Jenkins on 5762 6944.
Disclaimer: "I am no longer in legal practice. I cannot give advice on issues specific to class members. This is an overview of some issues that Seniors should consider. John Barry."
Seniors Law 1 'Wills'
A. Making a will
Why not? We all die – no exceptions. Wills do not cause death.
I have dealt with hundreds and hundreds of people making a will. Not one has died as a result of making a will.
Why? A will is our chance to determine what will happen to our assets after we die. It is our WILL.
Who drafts it?
Personally drafted. Pros/ Cons
Drafted by a lawyer. Pros/Cons
Drafting without the initial cost.
Storage of wills.
C. Thinking about the family
Part IV of Administration and Probate Act
Limitations on commencing action
Limitations on succeeding in an action
Step Children and Natural Children./Ex Wives and Second Wives /
Common Law Spouses and Relationships/Guardianship
D. Testamentary Trusts
Double Deaths/Literary Executors/Presumptions of Death/
Funeral and disposition of body/Giving your body to Science
F. What Wills cannot do
Towards overcoming these limitations
Seniors Law 2 'Powers of Attorney'
A Definitions. Attorney/Donor/Donee
General Power of Attorney
Specific Power of Attorney
Enduring Power of Attorney
Enduring Power of Attorney (Medical Treatment)
Advance Care Plan Directive or Refusal of Treatment Certificate
Enduring Powers must be in statutory form
All other powers of attorney must be a deed under seal
Hospitals will assist in preparation of Advance Care Directives
Office of the Public Advocate can assist
Joint and Several
D Underlying Rules
3. Online Banking – The Best Kept Secret
A Who makes the Rules?
Australia operates a Central Bank Clearing System through the Reserve Bank for all online banking
APRA (Australian Prudential Regulation Authority) sets the online banking rules
B The Rules
Protected and Unshared password - No Liability/
Uncertain whether or not you have contributed to loss - Maximum Liability $150
Cute tricks with your password – birthdays, telephone numbers, written down backwards – Maximum Liability $Balance of your account
Sharing your password - Maximum Liability $Balance of your account
Delay in notifying financial institution if account compromised - Maximum Liability $ Balance of account
D Scammers, Phishers and Spearphishers
If ordinary care taken – not your problem
Financial Services Ombudsman is your hero