If I do not have one, does the Public Trustee take over if dementia or other incapacitation develops?
You need legal advice and this is not the appropriate place to get it.
A will does not cover the situation where you become incapacitated, this requires other documents. If you don’t want to pay a solicitor there are situations where lawyers will give pro bono advice of a general nature but you may have to wait in line. They will tell you what documents need to be prepared and who will do it for you and an estimate of the cost. You will probably not get that work done pro bono.
If you have any substantial assets and people that you would want to inherit them you need a will as well. Dying without a will with real estate or anything of value is creating big problems for your heirs.
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It’s impossible to say as circumstances and the situation at the time can vary. Having nothing in place could lead to the least desirable of outcomes.
In the previous post @syncretic has suggested one seek professional legal advice. Our experiences with local law firms familiar with meeting personal and family matters. They will meet with you at no cost and indicate what your options are. There after they typically offer a fixed fee to provide the necessary legal documentation or for complex needs further advice. Which is consistent with what @syncretic suggested.
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Further, for simple estates there are diy downloadable wills where one just need follow explicit directions to execute them.
As for care decisions sans any directives that have been executed, the courts can appoint a decision maker at their discretion. Again there are download diy forms, state dependent on details.
Passing on intestate without any rellies close or distant, your state government is probable to inherit anything you have.
All that being general. You should seek legal advice, some relevant is available via seniors and support organisations.
Choice has reviewed Will Kits
A relative of ours purchased one but messed it up and bought another, the total cost was half of what we paid for a solicitor to advise and then draw up a legal Will. Finding the Will after death is another challenge. Lodge it somewhere, or with someone, where family will look for it.
This topic is seeking [layman] advice for serious life issues requiring state based legal expertise while the Community can only offer anecdotal general information.
Those without a willing and able rellie or close friend to designate as their advanced healthcare representative need to have a discussion with a trusted advisor knowledgable about the laws and processes in their state. That is a separate issue from financial matters covered by enduring powers of attorney and wills.
When there is ‘nobody to turn to’ an MP’s office, local Councillor’s office, or religious advisor can often make a referral for getting whatever advice/support is needed. In the absence of a care directive that is known to others it is common for the courts to step in at the behest of a welfare agency when a person who has not made explicit and known directives becomes incapable, noting Public Trustees usually deal with financial matters more so than care decisions but that can vary on circumstances and the state.
At the end no matter how it is framed in language it comes to two choices - do the paperwork or the courts will step in when necessary and can appoint whomever they see fit, including a Public Trustee or in theory a random lawyer, doctor, or other person…
I am closing this topic in the hope that @Wendy6 has links to some relevant resources and will seek advice from a practitioner in her state of residence, timely execute the paperwork and receive clear advice on how it goes in her state should she become incapacitated.
I’ll close with links to the state government pages on care, a different issue than a will.
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