Des Tellis LLB GDLP MREI

A member of the Law Society of South Australia, Des established his firm in 1990.

Putting a focus on providing personal attention and support has resulted in the firm enjoying long-term relationships with many of its clients. Each legal matter is handled on a team basis, with the firm and clients working closely together to achieve positive outcomes. There is a strong emphasis on communication.

Describing it as "the highest form of compliment", Des says much of his business growth has resulted from referrals by existing clients to their relatives, friends and colleagues.

Family Law

This is a broad category of law that covers the most personal situations in life. Des Tellis aims to minimise conflict wherever possible, while striving for amicable and positive outcomes.

• Matrimonial

• Defacto

• Pre-Nuptial Agreements

• Divorce

• Property Settlement

• Custody

Frequently Asked Questions

What is a will?

"Everyone knows that", you might say. Yes, there are some things about wills that seem simple enough, but unless they are attended to properly they can cause complications further down the track.

Most people know that a will is a legal document that outlines how you want your assets and personal belongings distributed after your death. If you own property and/or have children, it is essential to have a well prepared will.

If you die without a will your estate becomes subject to the laws of intestancy, meaning that a member of your family will need to apply to the court to become an "Administrator" of your estate. On top of the additional cost and delay in sorting out your affairs, dying intestate could result in people you don't want to have do so benefitting or receiving money from your estate. A will enables you to exercise control of your estate by directing how and to whom you wish to have your property, money and other items of importance distributed.

What is a Power of Attorney?

This legal document gives another person authority to deal with your financial matters during your lifetime, ie while you are alive. There are two types of Power of Attorney:

General - Only valid while you are of sound mind

Enduring - Still valid when you do not have legal capacity

Unless you have specific reasons to limit the authority, it is preferrable to give an Enduring Power of Attorney and this should only be given to someone you trust a great deal.

What is an Enduring Power of Guardianship?

This is another legal document that gives your nominated person(s)  authority to act as though "they were standing in your shoes" when you don't have legal capacity.

The Enduring Guardian(s) have authority to make decisions and act on issues such as where you should live, other personal and recreational issues relating to you, your medical treatment and finally, fulfilling your wishes in regards to life support.

Your Enduring Guardian does not have an obligation to care for you on a daily basis and does not have the power to deal with your financial affairs – only your nominated Power of Attorney can do that. The same person(s) may hold both positions.

What is a Medical Agent?

This is much the same as an Enduring Guardian, except that you only ever have one person at a time nominated to this role. The Medical Agent can overrule the Enduring Guardians. For example, you may have three children all sharing Enduring Power of Guardianship for you, but for whatever reason they can't reach a decision in regards to where you are to live or perhaps about life support. The one child you have nominated as Medical Agent has the ultimate authority to make those decisions.

This information is general in nature. You should always obtain specific legal advice from a Solicitor about the documentation that would best meet your specific needs.