In an ideal world, no one would need the services of the Public Trustee. Most people have a support network and the ability to provide themselves with adequate protection against unforeseen circumstances or illness that may result in some form of mental incapacity. The Public Trustee is there to help those who do not have such support available to them
Speak to your relatives	Make a Will	Consider a Power of Attorney

Speak to your relatives

The minimum anyone can do when preparing for the future is to talk to their relatives or close ones. Let them know your wishes in case of emergencies or accidents which unfortunately, as we all know, can happen to anyone. Most importantly, inform them about the location of your important documents, at which financial institution you do business and what funeral arrangements you have made or which arrangements you would prefer. Are you an organ donor? Do you want to be cremated? Let them know! If anything happens to you and you did not discuss your wishes with your relatives, decisions will be made on your behalf which might not reflect your wishes.

Nearly everyone has an estate - the things we own and accumulate over our lifetimes, such as real estate, savings, investments and items of personal or sentimental value. Deciding what is going to happen to the contents of your estate is one of the most important decisions you will ever make.

Therefore talk to your relatives and loved ones and consider having a Power of Attorney or a Will in order to ensure that your wishes are executed. 

Make a Will

Everyone over the age of 19 who has personal assets should consider making a Will.

There are several reasons why you should consider making a will. They include:

1. Ensuring your property is distributed as you wish;

Making a Will allows you to distribute your possessions and financial assets to friends and family in exactly the manner you wish. If you die without a Will, you are said to have died intestate. If you die intestate your property will be distributed by a court-appointed administrator according to the Devolution of Estates Act. Should this happen, your property will be divided in fixed shares among the people that the law regards as your closest relatives.

2. Allowing you to name an executor;

When you make a Will, you may appoint the executor of your choice. If you die without a Will, the court will appoint an administrator. The administrator's job is to divide your property and assets among those who are entitled to it. The person appointed administrator is usually a member of your family, or if you have none, a close friend or even a creditor. However, this may not be the person you would have chosen.

3. Providing you flexibility in carrying out your wishes;

A Will gives you flexibility. For example, it permits you to use "trusts" to help in managing the benefits provided for your survivors. Also it enables you to give to the executor all the powers needed to carry out your wishes.

4. Ensuring guardianship for your children under the age of 19;

When you make a Will, you may choose the guardian of your choice for your children under the age of 19. If you die without a Will, the court will appoint a guardian for your children. The guardian will usually be a close relative but it may not be the person you would have selected.
 
5. Helping you to avoid delays and costs that may be incurred by your beneficiaries;

By making a Will and appointing your own executor, the settlement of your estate should proceed more quickly. Your family will not have to spend time in having the court appoint an administrator. This will save your estate money as well.

PLEIS have prepared a booklet which deals with this subject in more detail. Making a Will

Consider a Power of Attorney

A Power of Attorney gives someone the authority to act for you in relation to your property, financial affairs and/or personal care. It provides protection by authorizing someone to act on your behalf should you become unable to make the necessary decisions for yourself.  A trusted member of your family might agree to become responsible for your financial and personal affairs should your capacities to make decisions deteriorate.

A Power of Attorney can also be used as a personal healthcare directive to outline your wishes regarding future health treatment, should it become impossible for you to express your wishes at the time a significant decision needs to be made.

The Public Trustee can agree to undertake a Power of Attorney and hold the document until it becomes necessary to act in accordance with your wishes.