EAST
Central Administration
2788 boul., St-Joseph Blvd.
Orléans, Ontario
K1C 1G5
613-837-7880
fax 613-837-7664
SOUTH
Capital Corporate Centre
9 Antares Drive
Ottawa, Ontario
K2E 7V5
WEST
Gateway Executive Offices
Fourth Floor, 300 March Road
Kanata, Ontario
K2K 2E2
Email:
mail@jacquesrobert.com
|
|
 |
|
Why are powers of attorney important?
What are the different types of Powers of Attorney?
Is my old Power of Attorney good ?
Is a "living will" the same thing as a power of attorney for personal care?
What if I become incapable without having prepared a power of attorney?
Where do I keep my Powers of Attorney?
Who should I appoint as my attorney?
When does the power of attorney take effect?
Can I revoke my power of attorney?
How much do they cost?
How does my Will fit into all of this?
Why are powers of attorney important?
Having a power of attorney has always been a good idea. However in past years their importance was not widely known or appreciated. People think that they could get along just fine without having one.
When a person does not, while capable, formally appoint a "substitute decision-maker", the government will take over.
Therefore it is very important to appoint someone of your own choosing to act as your "substitute decision-maker".
What are the different types of Powers of Attorney?
There is one for property and one for personal care.
Personal care issues involve matters such as food, shelter, hygiene, clothing, and health care consent.
Property issues involve taking care of a person's bank accounts, investments, and other financial matters.
Is my old Power of Attorney good?
If it was prepared prior to 1995, it only applies to property matters. It does not cover personal care matters. In that case a power of attorney for personal care will be required for any personal care issues.
Is a "living will" the same thing as a power of attorney for personal care?
No. Its scope and application covers only one aspect of personal care considerations.
A living will is expressing one's wishes respecting the withholding of medical treatment in the event of a terminal illness or condition.
A power of attorney for personal care, on the other hand, includes a wide range of issues, which go far beyond what a living will covers.
While a living will is important and significant to many people, it should not be a replacement for appointing a person to act as your substitute decision maker for all personal care matters.
What if I become incapable without having prepared a power of attorney?
If you do not have a spouse, partner, or relative who is prepared to make an application to the Court to become your court-appointed guardian, and an assessor has issued a certificate of incapacity, the government (Public Guardian and Trustee) will become your guardian over your property or personal care or both, depending on the circumstances.
The only way to avoid this is to have powers of attorney properly prepared and executed when you are capable of doing so.
Where do I keep my Powers of Attorney?
Generally, they should be kept in safekeeping with the rest of your important personal papers. The attorney(s) should be made aware of where you have kept them, as in the case of an emergency quick and easy access and retrieval would be critical.
Who should I appoint as my attorney?
When choosing your attorney, keep in mind such factors as: proximity to your residence and assets; the person's abilities to handle the task; the degree of trust you have in the person; and the person's age.
In many cases it is advisable to appoint one or more alternates in the event your first choice is unable or unwilling to act as your attorney.
When does the power of attorney take effect?
For a power of attorney for personal care, it does not become effective until a qualified assessor, appointed by the provincial government, confirms that you are incapable of making personal care decisions.
A power of attorney for property takes effect immediately.
Can I revoke my power of attorney?
Yes, but the revocation must be done in writing and executed in the same way as a continuing power of attorney. This means it must be witnessed by two persons over the age of eighteen years.
After the revocation form has been executed, you must notify all persons who might act upon the attorney of the revocation.
How much do they cost?
Having powers of attorney completed with the assistance of a lawyer is relatively inexpensive. In most cases the cost will be $150.00.
When you consider the cost in terms of time and money for a court application, the benefits of having powers of attorney in place are obvious.
How does my Will fit into all of this?
Your powers of attorney are affective during your lifetime. Upon death they become invalid, and your Will would take effect.
It is a good idea to have your Will and powers of attorney prepared together and stored together so that the transition between incapacity and death is seamless. The two documents are important pieces of your overall estate plan. |
|
|
