Importance of Having Updated and Legal Will Case Study 2022

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Importance of Having Updated and Legal Will
Student’s name
Professor’s name
Institution of Affiliation
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Introduction
A will refers to an official document that tells how someone would like his or her assets
shared in case of death. It also contains a listed person or an organization that would take
responsibility in carrying out a person wishes. In Australia, expectations are that large transfer of
assets will occur as a result of alteration in communal demographic modifications (Bianchi,
2014). The effect on the intergeneration transmission of this critical social and population
variations as well as a change in stages of retirement wages and assets sizes and complexity has
established close attention. Family organization is fluctuating with better recognition of
cohabitation and joint parenthood. Such modifications to the shape of marriages build
complexity. This modification regarding who should be an instant family member. And hence,
the nature of testator and recipient responsibilities. According to Public Trustee and Guardian,
making a will is the most important thing to undertake for people who spend time building
properties, insurances, and business. Having a will in Australia guarantee a person that his or her
life work is well protected and handed over to people they choose. According to this case study,
Melissa situation revolves around varying circumstances that require a change in will. Being
divorced, having children, and continuous change in the state of health need a difference in the
will (White et al., 2014). The state of public trustee and guardian encourage individual to
continuously check the will every year to make sure it reveals circumstances.
Advanced Care Planning
It is a national program across Australia that aims at giving the public information and
resources to decide their life and health care (Eswaran, W. Sharon, W. & Jonathan, 2017). Most
advance care is under the Australian government department of health. Melissa health state is
deteriorating, and advance care would help her reflect on her life. It would assist Melissa in

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honoring her wishes for end-of-life care. Although palliative care does entail end-of-life care, it
will involve the treatment of Mellissa because she is affected by a severe illness. This illness can
take time to cure, or the whole process of care will belong. We won't judge in this case, that
Mellissa is under end-of-life care since this care is for to patients who are nearing the end of their
life. However, these two methods of care are related to Mellissa situation, and the focus is to help
her spend her last times on earth with dignity. Therefore, we can rule out aspect of end-to-life
treatment. We can conclude that palliative care was put in place to help control and
improvement (Buonocore & Wiegand, 2015). It would also ensure that Mellissa can open up
with doctors, family members, and close friends when they're unable to do so, especially in this
medical crisis (Carter et al., 2016). Looking at the chances of Melissa surviving the liver
metastases, it is clear that Melissa has 3% chances of surviving. At this stage, Melissa needs to
plan her life. Having an updated will would assist Mellissa in making a decision when she is not
able to do so. It would also help a specialist treating her for cancer to spend less time consulting
and creating confusion, especially in moments of crisis (Baughman et al., 2012. The scenario
takes us to a power of attorney, which may also refer to as a health care proxy
Victorian legislation
State Trustee assist the resident of Victoria in matters concerning their will. The power of
attorney act assists in protecting the Victorian residents against abuse of enduring power of
attorney. Enactment of a new act won’t affect the previous power of attorney and it will remain
effective under the new act. Under the new act, both the enduring power of attorney also known
as financial are combine with the power of guardian to become one (Australian Securities &
Investments Commission, 2019). There is also a creation of supportive attorney appointment

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which will allow the owner of the will to determine their supportive attorney. The following
aspects fall under this act,
Power of Attorney
A power of attorney is a lawful deed that precise hand over authority to a chosen person
or persons. Mellissa, who is in palliative attention, is physically ill and mentally exhausted. As a
result of her deteriorating health, stress from her parent's medical conditions, and recent divorce
with Daniel, Mellissa is bound to make poor judgment and decision (Macrae et al., 2017).
Therefore, the power of attorney gives Mellissa a chance of changing her will. This condition
means that Melissa can make choose a person while updating her testament to make specific
monetary, health, and individual decision on her behave. She, therefore, transfer a power of
attorney to the third person. Mellissa would be a principal; a legal name which will be referring
to her. And the person who receives a power of attorney would be called an agent of attorney. A
right candidate for this position would be Joshua and Emma, Mellissa’s children. The reason
why Melissa is supposed to update this in her will is
 Diagnosis showed that she had two cancer, bowel cancer, and liver metastases.
 She needs to plan to put her house in order because of unforeseeable circumstances. Her
divorce with Daniel 10 years ago, her parents are critically ill, and she has two children
 The survival rate for liver metastases is 3% (Angelsen et al., 2017)
Types of power of attorney that can help in updating her will
Enduring Power of Attorney
Enduring power of attorney (personal) allow the custodian of Melissa's testament to
continuing making verdicts on her behalf. Even in periods where her cognitive functions won't