Note to Readers: The information provided in this article is a brief summary for information purposes
only and is applicable only for the Province of Ontario. It is not intended to be legal advice. Full and complete
advice can only be given by a lawyer who has detailed information about your individual circumstances.
POWER OF ATTORNEY FOR PROPERTY
- A Power of Attorney for Property is a document in which you appoint an attorney to act on your behalf. It gives the attorney the authority to do anything you can lawfully do with your assets.
- If the Power of Attorney for Property states that it will carry on if you become mentally incapable it is called an enduring or continuing power of attorney.
Your Power of Attorney can be used to:
- do banking (but banks prefer their specific power of attorney forms);
- make or renew investments;
- sell or purchase real estate;
- make or discharge mortgages;
- sell automobiles;
- deal with RRSP's and RRIF's;
- sign and file income tax returns;
- buy or sell stocks and bonds;
- deal with your other assets.
What Happens if There is no Power of Attorney for Property?
nothing as long as you remain capable of looking after your own affairs;
- real estate, investments, stocks and bonds cannot be sold;
- bank accounts that are not joint will be frozen;
- an application can be made to Court or to Public Guardian & Trustee to have someone appointed Guardian of your assets:
• person must be bonded.
• must file a plan showing how he/she will deal with your assets;
• must account annually for dealings with your assets.
• is time consuming and expensive.
Whom should I appoint?
Your attorney for property must be someone in whom you have complete faith and trust since he or she has the right to deal with your assets;
- must be young enough and in good enough health to survive you;
- you may appoint someone, for example your wife or husband, and if he or she is unable or dead, then one or more substitute attorneys;
- if more than one attorney is appointed, they may be appointed jointly, that is, they act together but if one dies the survivor carries on, or jointly and severally, that is, they can act together or separately.
For more information please click on the link to view a copy of our Power of Attorney for Property Pamphlet
POWER OF ATTORNEY FOR PERSONAL CARE:
- authorizes attorney to make decisions for:
• health care (medical decisions);
• living arrangements or housing (including hospital or nursing home);
• cleanliness and safety.
What Happens if there is no Power of Attorney for Personal Care?
- nothing, if you are capable of making your own decisions;
- if you are incapable, hospitals, doctors and nursing homes will look to an Attorney for Personal Care to make your personal care decisions:
- without a Power of Attorney for Personal Care, decisions may be made by next of kin or the Public Guardian and Trustee.
Whom should I appoint?
Often the same persons are appointed attorneys for both Property and Personal Care;
- you may appoint your spouse or someone close to you and if he or she is unable to act or dead, then one or more substitute attorneys;
- if more than one is appointed, they may act jointly or jointly and severally;
- usually Attorneys for Personal Care are appointed jointly and severally since it may be difficult to get both or all attorneys quickly if a decision is required in a medical emergency.
For more information please click on the link for a copy of our Power of Attorney for Personal Care Pamphlet
- set out your wishes with respect to dying with dignity and withholding aggressive life support in the event of terminal illness;
- only apply if the medical personnel or attorney under Power of Attorney for Personal Care or your next of kin reasonably believe that you cannot make your own decision.
- are usually included in the Power of Attorney for Personal Care, but may be made separately.
Your attorney under a Power of Attorney for Personal Care or your next of kin are required by the Substitute Decisions Act of Ontario to carry out your wishes.
Ramsay Law Office particularly recommends that you have your Living Will set out in a separate document if you will travel or reside in the United States where the laws about final illnesses differ vastly from our laws in Ontario.
Ramsay Law Office distributes a wallet card provided by the Tri Town Foundation on which you can record information about your Living Will and any Power of Attorney for Personal Care.
Sample Living Will
If at any time I should have a medical condition that would indicate that I am terminally ill and the condition cannot be reversed by treatment with any expectation that I could reasonably enjoy a normal life both physically and mentally thereafter, I DIRECT that no effort be made to prolong my life aggressively, including the use of drugs, antibiotics or other means, ar attempt to rescuscitate me if my heart or lungs fail. I FURTHER DIRECT that in such event any doctors or medical personnel who are treating me or any medical facility or hospital or nursing home in which I am being treated shall confine their treatment to alleviating or relieving as much as possible any pain or suffering I may have.
WHAT DO POWERS OF ATTORNEYS COST?
one person: couple:
one type: $200 $250
both types: $250 $350***
*** When prepared at the same time as wills for a couple the fee is reduced to $250.
WHAT ARE THE DUTIES OF AN ATTORNEY FOR PERSONAL CARE?
If you have been chosen to act as an Attorney for Personal Care please click on the link below to obain more information about your expected duties.
WHAT ARE THE DUTIES OF AN ATTORNEY FOR PROPERTY?
If you have been chosen to act as an Attorney for Property please click on the link below to obain more information about your expected duties.