12 minute read
Tim Couch - Legal Light
LEGAL Light with TIM COUCH B.COM, LLB, LLM (FAMILY LAW)
FROM PRIEST LEGAL
PERSONAL LEGAL AFFAIRS – WHAT ARE THEY?
Whether you are already enjoying the freedom of your twilight years, or still in the weekly grind, working dawn to dusk providing for your family and trying to ‘get ahead’, it is vital that you have your personal legal affairs in order. Unexpected events or accidents can happen when you least expect them to – such as Covid-19 or floods or fire or just life in general. What do I mean by personal legal affairs? I mean having a Will in place to ensure your testamentary wishes are clear and you have provided for those closest to you. I mean appointing an attorney under a Power of Attorney and an Enduring Guardian to ensure your financial and personal needs continue to be met. Whilst it is very important to have these crucial documents in place, it is just as important to appoint the ‘right’ person to act as your executor, and attorney, and enduring guardian. Often people will appoint the same person or persons to act in each of these different roles. Depending on your circumstances, there may be good reason to appoint different persons to each important role. Even if you have these personal legal documents in place already, it is important that your documents are reviewed regularly to ensure they continue to meet your present needs, requirements and wishes. It is also just as important to consider whether the person or persons you currently have appointed remain the best fit for the job.
The Rise of Elder Abuse
Elder Abuse is increasingly prevalent in our community. The Australian Institute of Family Studies reports it is likely that between 2% and 14% of older Australians experience elder abuse in any given year, with the prevalence of neglect possibly being even higher. Elder Abuse can take many different forms. The most common forms are financial abuse, neglect, and psychological abuse. Sometimes, various forms of elder abuse are occurring at the same time. It often starts by an elderly person reaching out and asking someone for help. The call for help is often to a child of the elderly person, but it might be a neighbour, another relative who lives close to you, or a close friend. The initial assistance the person provides is often relatively minor. The assistance is welcomed, and things are great. For example: “Why don’t I take you down to the shops every Tuesday so you can do your shopping?” Or, “Why don’t you just give me your bank card and I’ll withdraw money for you at the atm. It’ll save you the hassle of needing to leave home to go to the bank.” Over several months, or sometimes years, the ‘helper’ might gradually provide further support, whether or not further assistance was expressly asked for. Usually, it is an extension of the assistance they are already providing. Progressively, the elderly person has become very reliant on the ‘helper’, and more reliant than they probably ever expected to be. It is often at this point that a control element has well and truly settled in, and the elderly person is now stuck in a vulnerable position where they can be exploited by the ‘helper’, often through financial demands, but also in other ways. An attorney must always act in your best interests and in accordance with the powers that you have given them. If this doesn’t happen, you can revoke the power if you still have mental capacity. But if you don’t have mental capacity anymore, you can end up at the ‘mercy’ of the Attorney and you will need to seek the help of other people to fix situation – other friends, family or institutions. Your friends or family can make an application to the Guardianship Tribunal for a power of attorney to be revoked and for an alternative attorney to be appointed. The application is free, and you don’t need a lawyer to represent you, but you might need some advice in relation to completing the application. An attorney cannot make decisions in relation to your health and where you live if you cannot make those decisions yourself. These decisions need to be made by an Enduring Guardian. This article highlights the need for all persons, not just the elderly, to make very wise and considered decisions in relation to who they might appoint as their executor, attorney, or enduring guardian, or who they might ask for regular financial and personal assistance. These matters can sometimes become complex. Frailty is real and it can be thrust upon us all at different times. If you would like some advice in relation to your personal legal affairs, or other legal matters, the legal team at Priest Legal are available to assist you. We are located at 41 Hay St, Port Macquarie or 49 Hastings St, Wauchope, or you can contact us to arrange an appointment on 6583 1777.
As someone heavily involved
in Community Events, Port Macquarie Chamber, and a busy Business Owner, what
keeps you motivated? Here is an old saying: “Love what you do and you will never work hard” I love working, helping and engaging with others. I became involved with the Chamber over 10 years ago and have always been a big believer in giving back to the community and feel that if we all work together it helps promote each other as well as our local area. By doing this we all succeed, grow and move on together. In business if you are prepared to take from the community as far as their support, custom and money, you also have to be prepared to give back, that can be via mentoring, support or even community/sporting sponsorship. Something simple we can all do.
As a long-time member of HBWN, what is the best thing about being a part of
our network? Connections and the strategic alliances that you can build with other businesses. It is amazing how totally different businesses can work together to promote each other. I also love the camaraderie. Being a woman in business is challenging, add to this raising families and looking after a household. It is great to be around other business women that understand the added challenges. It is also reassuring to know that you are doing ok and not feel like you have to be superwoman.
What are some tips for other women to stay grounded when they get really busy?
Be prepared to ask for help. No woman or man is an island! If you want to succeed in business or anything else in life you need to be prepared to take help when offered and ask if it’s not. This may be in the form of physical help or mental help as far as mentoring or just a coffee chat. There is no such thing as failure, just learning experiences, and if you look at any business that is doing well, they have all struggled many times. Be prepared to reach out when you need it, as it is amazing what you will learn from the experience and a fresh set of eyes. As long as we are learning we are growing so continually educate yourself and surround yourself with new experiences.
Tell us a bit about some of your biggest challenges and what you’ve done to
overcome them? My biggest challenge has probably been trying to keep everyone happy! Bringing up 4 active children while running a business with my husband and also having my own career, I found that I was trying to keep everyone happy and at times felt like I was on a treadmill. I had to learn to find the harmony but to take a bit of time to look out for me too! If I fell in a heap I was no good to anyone. Unfortunately this took me many years to learn but after some wise words from a mentor I introduced a “Me day”. This is where at least once a month I took myself off for a facial,
It is great to be around other business women that understand the added challenges. It is also reassuring to know massage or maybe a hair appointment, turned off the phone and had some time out. You learn that you are doing ok that there will always be someone that needs and not feel like you have you, but YOU need you too. to be superwoman. What is your main focus right now? I love working with other people and seeing them reach their goals, succeed and achieve. This is one of the reasons that I am now doing training and licencing courses in Real Estate apart from just selling. I am also very invested in the Chamber and ensuring that this remains a support network for businesses and meeting the needs of business people as well as being a voice for business.
Do you have any pearls of wisdom for
other busy women? Trust in yourself and your instincts and learn to put yourself first occasionally. You are awesome so smile and lift your head high. If you are having a bad day just remember tomorrow is a fresh start.
Thank you so much for sharing your
experience and your insights Alex! If you’d like to learn more about HBWN or become a member you can visit us at hbwn.com.au
Glen-Holmes Alex
WATTLE
FINANCE experts
IN MORTGAGE BROKING
We’re Iain and Jake, and we were both born and raised in Port Macquarie. Together, we bring over 20 years of combined experience in financial services and have a deep understanding of the industry. We both share similar careers to date, working at a big four bank in Sydney for the past decade, with extensive experience in small to medium business banking, commercial banking, and business development. We started Wattle Finance when we saw an opportunity to provide more tailored and diverse lending solutions to our customers. With almost 70% of home loans being done through mortgage brokers, we want our clients to feel confident that they can rely on the guidance and support of an experienced broker at Wattle Finance. Our number one priority is to build long-term relationships and provide the highest quality advice and service throughout the process. We have access to a panel of over 60 different lenders and we’re confident we can provide you with the most appropriate finance solution for your needs. Whether you are looking for a family home or want to take your business to the next level, we are passionate about helping the locals of Port Macquarie to reach their unique goals and achieve their financial dreams. With Wattle the process is simple, we start by having an initial conversation to understand your requirements and objectives, we then collect relevant documents and assess what options are available to you, we will provide a recommended option that best suit your needs, when you’re happy to move forward we will submit your application and gain approval, then hold your hand throughout the settlement process. We will guide you every step of the way. If you are thinking of renovating, purchasing a property, updating a business vehicle, or would like your current loan reviewed, we’re here to help. Please get in touch today to discuss your options. You can reach us by phone, email, or visit our website.
We can help with:
Home & investment loans Refinancing loans Commercial & construction lending Business lending Equipment finance Self-managed super fund lending "Wattle Finance recently helped me with a loan and went above and beyond. I would highly recommend them to anyone." - Jordan
TAFE fitness courses
TAFE NSW Port Macquarie will play a critical role in training the next generation of local fitness instructors as the Mid North Coast emerges from its COVID-19 hangover, according to the nation’s peak health and exercise industry association.
The local fitness industry is recovering from the impacts of COVID, with restrictions forcing gyms to close and forcing fitness instructors out of work.
But the reopening of the economy is triggering a surge in demand for fitness instructors and personal trainers to help motivate and train locals to achieve their fitness goals.
Barrie Elvish, CEO of the Australian fitness industry’s peak body AUSactive, said an exodus of fitness instructors from the industry during COVID, combined with a flurry of new gym memberships, had created a “perfect storm of opportunity” for those wanting to become a fitness instructor.
“There were a lot of people that left the industry over the past two years but when I speak to our members, they tell me the last three months have broken all records when it comes to new gym memberships for young people,” Mr Elvish said.
“Demand for fitness instructors is growing rapidly as a result and gyms are struggling to get qualified staff.
“We see TAFE NSW as an important part in getting quality graduates coming through.”
The Federal Government’s Job Outlook website says demand for fitness instructors is expected to remain strong over the next five years.
TAFE NSW Port Macquarie Head Teacher of Fitness Kristy Baird said TAFE NSW offered students the practical skills, work experience and industry connections to make a running start to their career.
“The industry struggled during COVID but now we’re seeing gyms looking for staff again,” Ms Baird said.
“Locals are seeing what’s next: they may have started their fitness journey on their own during COVID and they’re now looking for industry professionals to help them take the next step.
“It’s an extremely rewarding job and for many fitness instructors, it really is a calling. They live the health and fitness lifestyle and get so much out of it, they want to share that with the community.” Ms Baird said the Certificate III in Fitness (Gym Instructor) is a six-month course, including units in planning group exercise sessions, developing gym-based exercise programs for individual clients, and providing healthy eating information.
To explore the range of courses available at TAFE NSW and via TAFE Digital, visit tafensw.edu.au or phone 131 601 for more information.
