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COTA
Legal Services

Legal Services

For free advice on general legal matters at COTA SA


Talk to a Solicitor

The Solicitor is available to provide brief telephone advice (at no cost) on Wills, Enduring Power of Attorney and general legal matters at any time during office hours.

The solicitor assisting COTA SA is Philip Harris from Adelta Legal incorporating Harris Lawyers, Level 3/104 Frome Street, Adelaide SA 5000 Phone (08) 8415 5000

See a Solicitor

A solicitor is available at COTA to provide free advice on general legal matters and to take instructions for Wills, Enduring Power of Attorney and Advanced Care Directives. These appointments are of 20 minutes duration. For a more complicated Will the cost would be extra and would require a further appointment to be made and discussed by telephone or at the Solicitor's office.

Ring COTA SA on (08) 8232 0422 for an appointment or contact the Solicitor's office.

Note: This service is available on Mondays only.

Wills

It is 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. 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 or trust company?

If you have responsible family members or close friends available whom you trust implicitly, then they may be appointed as executors and trustees, in which case the Will should be prepared by a Solicitor. The practice of writing your own Will is dangerous due to the possibility of failing to provide clear instructions with regard to your estate. This may lead to unfortunate family disputes and even court litigation. If you don't have anyone suitable, then a trust company or Solicitor can be appointed as executor and trustee; in which case the Will may be prepared by the trust company. It may be appropriate to appoint both a family member and a trust company or Solicitor.

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 the existing Enduring Power of Guardianship and Medical Power of Attorney with a single document. It will enable one or more substitute persons to carry out the decisions you have made for yourself 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.

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 capacity (as a General Power or 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.

If there is no Enduring Power of Attorney it may be necessary for a family member to obtain a Supreme Court Order (at considerable expense) appointing a manager of the person's estate or apply to the Guardianship Board to have an administrator appointed. Again, as for Wills, care must be taken in deciding whether to appoint a trusted family member or a trust company or Solicitor as attorney

About Philip Harris

Adelta Legal incorporating Harris Lawyers is an organisation which aims to provide cost effective legal services for clients. Philip Harris has over 30 years of experience having qualified as a solicitor in February 1977. As part of Adelta Legal he prides himself on handling all matters, assisting and solving problems with great care and efficiency.

Charges for Legal Services

For COTA members who are retired:
Basic Will   $125.00
Advance Care Directive  $90.00
Enduring Power of Attorney $90.00

Non-members will be quoted at the initial consultation appointment before proceeding.

Please note that the above costs are for simple documents.

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

Prices as from April 2015 and include GST.