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Legal Services

Legal Services

For free advice on general legal matters at COTA SA

See a Solicitor

A solicitor from Adelta Legal is available to provide COTA SA members advice on general legal matters and to take instructions for basic Wills, Enduring Power of Attorney and Advanced Care Directives. These appointments are of 20 minutes duration and take place at COTA offices in the city. If your circumstances warrant a more complex or lengthy will then they may not qualify for the standard will fee and you will be advised of this at your appointment.

Ring COTA SA on (08) 8232 0422 for an appointment.

Note: This service is available on Mondays only.

Charges for Legal Services

This service is exclusively available to COTA SA members.

Will   $250.00 ($440 couples)
Advance Care Directive  $110.00
Enduring Power of Attorney $110.00

Please note that the above costs are for simple documents with instructions taken at the COTA SA office in the city on a Monday morning at a pre-booked 20 minute appointment. (40 minutes if for a couple)

Costs of registration of Enduring Power of Attorney, if required, are extra.

Prices current as from July 2021 and include GST.

Adelta Legal offers COTA members a 15% discount off Adelta's normal will fees for those that do not qualify as a standard will.

Advice regarding Retirement Village contracts cannot be provided in the 20-minute free appointment as it is necessary for the contract to be reviewed. Adelta Legal offers a 15% discount off their normal hourly rate for advice on these documents and a quote can be provided during your initial free 20-minute appointment.

Wills

It is of the utmost importance that everyone has a Will which has been professionally prepared and up to date. Making a professionally prepared Will is the best way to ensure that your property is disposed of in accordance with your wishes and minimising any issues that may occur after your passing. By not making a Will, your property will be disposed of in accordance with State legislation, which may not be as you would have intended.

Should a Will be prepared by a Solicitor?
The short answer is 'yes'. The practice of writing your own Will or using a 'kit' is a false economy and can lead to additional costs at the time of your passing due to ambiguous wording, improper witnessing, being incomplete and different coloured pens being used. This usually means additional costs are incurred to fix these issues (which are usually more than the cost of having the will prepared professionally in the first place) and may lead to unfortunate family disputes and even court litigation. It is important to think of who to name as your executor (the person(s) responsible for carrying out your wishes) and you can name a trusted friend or family member, a trustee company, or solicitors. Your will should also consider the 'what if...' someone you have named has passed on before you and what to do in those circumstances as regards the executor or substitute beneficiary.

Advance Care Directive

There may come a time when you are unable to make a decision or properly communicate your wishes on how you would like to be cared for or treated. The Advance Care Directive replaces Enduring Powers of Guardianship and Medical Powers of Attorney with a single document. It enables one or more people who you nominate (called 'Substitute Decision Makers) to carry out your wishes if for any reason you cannot communicate them. This will give peace of mind knowing that your wishes will be followed if you become mentally incapacitated, unable to communicate due to a medical condition e.g., a stroke or are in the final stages of a terminal illness.

When you nominate a person or persons in your Advance Care Directive it means that you give them the authorisation to follow your directions and so it is important to choose someone who you trust absolutely as capable of carrying the responsibility entrusted to them. You can do these documents yourself either online or by purchasing a kit at Service SA.

Enduring Powers of Attorney

This is a document by which you appoint another to represent you or act in your stead for the purpose of handling your financial and property affairs. This power does not cease upon legal incapacity (as a General Power of Attorney does) but "endures" so that the person appointed may continue to act on behalf of the donor of the power.

This is a very significant document. An example of its importance is where it becomes necessary to sell the home of an incapacitated person so that he/she can move into a nursing home or to access bank accounts to ensure bills are paid properly.

If there is no Enduring Power of Attorney in place there is no automatic right for a spouse or family member to act on your behalf which may lead to difficulties in your affairs being managed. It may then be necessary for a family member to obtain either a Supreme Court Order (at considerable expense) or apply to SACAT (South Australian Civil and Administrative Tribunal) to have an administrator appointed. As it is such a powerful document, care must be taken in deciding who to appoint in the role as attorney, how and when they are to act and whether any conditions should be imposed. Again, it is better that this is prepared professionally so that you can be fully advised, and a document tailored to your specific needs as many 'kit' forms are incorrectly completed and are not suitable in all circumstances.