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 [...]
Your Will only takes effect upon your death, while your Powers of Attorney take effect during your lifetime. 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. These documents are important [...]
Yes, but the revocation must be done in writing and executed in the same way as a continuing power of attorney. After the revocation form has been executed, you must notify all persons/corporations who were served with the power of attorney and all persons/corporation who might act upon the instructions [...]
A Power of Attorney for Personal Care becomes effective when a qualified assessor, appointed by the provincial government, confirms that the donor (person appointing an attorney) is incapable of making personal care decisions. A Power of Attorney for Property takes effect immediately.
If your Powers of Attorney were prepared prior to 1995, they only apply to property matters and do not cover personal care matters. In such a case, we recommended preparing a Power of Attorney for Personal Care. You should periodically review your Powers of Attorney to confirm whether they still [...]
I want to give specific items to certain people (such as my favorite painting to my mother), can I do that through my will?
Yes, however it is often more appropriate to do so through a holograph codicil.
Yes. We recommend that you read our article "Strategies to provide for your pet upon your death" which featured in our June 2011 newsletter.
Your will takes effect immediately upon death.
You should periodically review your Will to confirm whether it still reflects your intentions. If important changes in your personal life have transpired it may be necessary for you to make modifications to your Will. Making modifications to an existing will is done by way of a codicil however it [...]