The coronavirus pandemic has cause many people to think about their final wishes, including who they want to pass their assets to when they die. People who have not previously made Wills or Powers of Attorney (POAs) have suddenly wanted to do so. Making a valid Will has always required complying with the law in one’s province. These laws can
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Criminal Law, Estate Administration, Estate Litigation, Family Law, Lawsuits, Legal Aid Basics, Power of Attorney, Small Claims Court, Wills & Estates, Wills and Estate Planning
How Much Does a Lawyer Cost? One of the first questions clients ask is “How much is this going to cost?” This is a fair question, as you rightly should consider the financial costs of hiring a lawyer, prior to doing so. If the lawyer charges by the hour, your matter will cost you the lawyer’s hourly rate, and their
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Canada Immigration Law, Child & Spousal Support, Criminal Law, Custody & Access, Divorce, Estate Litigation, Family Law, Lawsuits, Legal Aid Basics, Power of Attorney, Property Division, Small Claims Court, Wills & Estates, Wills and Estate Planning
You Should Consult a Lawyer When… The following are good reasons to get a lawyer: Being Charged with a Crime Being Arrested or Being Detained for Questioning Buying or Selling Real Estate Signing an Important Document or Contract Seeking to Patent Your Invention Seeking to Visit, Study in, Work in, or Immigrate to Canada Preparing a Will or Power of
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DIY POA: Drafting Your Own Power of Attorney (POA) Document People regularly ask, “Can I make a POA myself?” The answer from lawyers is a resounding, “Yes, but please don’t.” This is for your protection. Using a do-it-yourself Power of Attorney document that you find online or using a kit you find at the bookstore can give you a very
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Can You Force Someone to Get a Capacity Assessment? Family and friends will often notice changes in a person’s mental health or mental capacity, even if the person lacks insight into these changes. Family members and friends often becomes concerned their loved one lacks capacity: to make decisions about finances or personal care to make (or to have made) a
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Capacity and Personal Care Capacity is decision-specific. The critical question to ask is, capacity to do what? Capacity to manage one’s personal care is a specific legal test, described in the Substitute Decisions Act, 1992 in Ontario. To have capacity to make one’s own personal care decisions, one must: understand information that is relevant to making a decision concerning one’s
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Who Should You Appoint as Attorney for Personal Care? An attorney for personal care is a person you appoint in a Power of Attorney document (POA), to make personal care decisions for you if you ever lack capacity to make those decisions yourself. An attorney for personal care is not usually a lawyer. In the POA context, an attorney is
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What is a Power of Attorney for Personal Care? A Power of Attorney for personal care (POA) is a document giving decision-making authority over another person’s personal care. The person given the authority is called the attorney. The attorney is not usually a lawyer. In the POA context, the term attorney just means the person with legal authority. Health and
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Elder Law, Estate Litigation, Ontario, Power of Attorney, Wills & Estates, Wills and Estate Planning
Capacity Assessments: Capacity is decision-specific. The critical question is always, capacity to do what? A capacity assessor will typically determine whether someone has capacity to do any or all of the following: capacity to make a Power of Attorney (POA) capacity to manage their property capacity to make their own personal care decisions capacity to make a Will Capacity assessments can
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What Is a Limited POA for Property? A power of attorney for property (POA) is a document that gives legal authority to another person to make financial and property decisions. The person named in the POA document to make financial decisions is called the “attorney” for property, even though they don’t have to be a lawyer. They are usually a
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