Power of Attorney

Each Will Package prepared by our office comes with a Power of Attorney document for both Property and Personal Care.

Power of Attorney for Property:  This type of Power of Attorney (to a person over 18 years of age), appoints a person(s) of your choice to make decisions about your property and finances on your behalf.  This may include actions such as signing documents, paying bills, selling or refinancing your real property.  But remember, your property will still belong to you and must be managed by your attorney in your best interests and in accordance with the law.

Power of Attorney for Personal Care: In Ontario, The Substitute Decisions Act of Ontario allows you to appoint a trusted individual(s) over the age of 16, in advance, to make decisions for you should you become mentally incapable.  This type of attorney gives the person of your choice the authority to make decisions about your personal care.  Decisions about personal care include where you live, what you eat, and the kind of medical treatment you receive.  You may give your attorney special instructions about the particular kind of care you want or do not want.  Sometimes this Power of Attorney is called a Living Will.

WARNING: Giving any Power of Attorney is a serious matter.  You are giving the person you appoint significant power over your property and/or health and wellbeing.  There is always a risk that your attorney could misuse this power.  If you have any doubts about the motives or ability of the person you are considering (or if you are under any pressure from your proposed attorney), do not appoint this person.  It is your decision and you must weigh it carefully.  In each case, you may appoint more than one attorney, so that both may be required to sign for you.

EFFECTIVE DATE:  The Power of Attorney will be effective immediately, when it is signed and given to the attorney, unless you decide and specifically state in the document that you want it to come into effect at a later date or under specific circumstances.  The form says what authority your appointed attorney will have over your financial affairs.  If you do not put in conditions or restrictions, the attorney will have the power to do anything with your property that you could do yourself if you were mentally capable.


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