Saturday, May 27, 2017

Will and estates questions in 2017

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

It depends upon the law of this area where you want to work with the Power of Attorney. In the event that you are planning to go, or be from the province for a while, you might want to seek advice from a local attorney to determine in the event you should make new records.

I want to name a family member that is particular but I'm worried this can cause disagreement.

There are several alternatives that'll help, depending in your position and personal preferences.

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

No. A Power of Attorney is a legal document in which you identify a special person to act on your own behalf. You are able to however, write your treatment wishes (your "living will" or "advance directive") as section of your Power of Attorney file so you could be sure your attorney knows of them.

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

No. In such circumstances a family member has the right to make your medical care choices or implement to become your "guard" of property. Instead, someone else? V such as a close buddy - could employ to act in these issues for you personally. The government, through the Office of the Public Guardian and Trustee (OPGT), acts only in scenarios where no other appropriate person is available, able and willing.

Does the government also provide a "Will Kit" or similar sorts that I can use to produce my Last Will and Testament?

No. It's tough to make one kind that could adequately cover the many varied situations that supply every one of the information that individuals need to plan correctly and people may want to have to reflect in their own Wills. We urge that you just employ an attorney to assist you in making your Will.
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Will the OPGT help me fill out my Powers of Attorney or supply me with legal advice

No. The OPGT cannot assist you in completing the forms or provide private legal services to individuals. Any questions about your individual situation needs to be directed to an attorney.

What is a "living will"?

To learn more about living wills and relevant issues you may want to reference the many substances that are available in bookstores and libraries on the topic.

What powers will my attorney have?

Think carefully before limiting your attorney's powers. Should you get incapacitated, and you'll find some assets that your lawyer can't look after, you may need to have a guardian appointed. The OPGT might be required to act for you if no one comes forward to use to be your guard.

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