Questions about estates and wills in 2017

Published on by Cornelius Henley

Will the OPGT help me fill out my Powers of Attorney or provide me with legal advice

No. The OPGT cannot help you in completing the forms or provide legal services that are private to people. Any questions regarding your individual situation needs to be directed to legal counsel.

Is a Power of Attorney or "living will" successful outside of Ontario?

It is determined by the law of the specific location where you intend to use the Power of Attorney. You may want to check using a local attorney to determine if you need to make new documents, in case you are going to go, or be out of the province for some time.

If I really don't make a Power of Attorney or a "living will", will the government mechanically step in if I can't handle my own affairs?

No. In these conditions a family member is entitled to make your medical care decisions or implement to become your "protector" of property. Instead, someone V such as a detailed friend - could employ to act in these issues for you. The government, through the Office of the Public Guardian and Trustee (OPGT), acts just in scenarios where no other suitable person can be obtained, capable and willing.

Is a "living will" the same thing as a "Power of Attorney"?

No. A Power of Attorney is a legal document in which you name a specific individual to act on your own behalf. You can, however, write your treatment wishes (your "living will" or "advance directive") as portion of your Power of Attorney document so you could be sure your attorney is aware of them. A "living will" just addresses your treatment and personal care wishes and doesn't need to identify anyone or be written in just about any particular manner.

What should I think about in selecting legal counsel for property|In choosing an attorney for property, what should I think about?

Consider if needed, whether the person is willing to take on this particular occupation. There exists plenty of work called for as well as your solicitor to meet very high standards is expected by the law. Contemplate if the person is responsible, trustworthy and good at managing finances. Will he or she make sure you have every one of what exactly you require? Is it possible to trust the man not to abuse your earnings? All these are some of the things that you ought to consider before you decide.

I would like to name a specific family member but I am worried that this may cause contradiction.

There really are a number of alternatives that could help, depending on your own circumstance and personal tastes.

Am I able to name more than one individual as my attorney?

Yes. In the event you do this all lawyers will have to agree on every decision that is made for you, if you don't write in your power of attorney they can act "jointly and severally". Any one of your lawyers will be able to make judgements on their own if the other is unavailable for whatever reason in case you include this phrase. But think carefully before naming multiple solicitors ?V it might make things more complicated if tough decisions should be manufactured fast.

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What powers will my lawyer have?

Think carefully before limiting your lawyer's powers. There are some assets that your lawyer can not look after, and should you get incapacitated, you may need to have a guardian appointed. The OPGT might be required to act for you personally if no one comes forward to use to be your defender.

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