Questions about wills and estates in 2017

Published on by Stephan Wilks

What is a "living will"?

The expression "living will" is sometimes used to check with a file where you write down what you need to occur in the event you then become sick and can't communicate your wishes about treatment. It's fairly common, by way of example, for visitors to write a "living will" saying which they don't desire to be kept alive on artificial life supports if they haven't any hope of recovery. The term "advance directive" is also often used to refer to this kind of file. Some people utilize the phrase "proxy directive" to describe a document that combines a Power of Attorney as well as a "living will".

Will the OPGT consent to be made in a Power of Attorney?

The OPGT scarcely accepts to act under a Power of Attorney. The OPGT's mandate will be to act as protector for emotionally incapable adults that have no one else suitable, willing and available to act on their behalf.

After it has been finished by me what should I do with my CPOA?

It's strongly recommended that you simply go to your bank and be sure they put a copy of your Power of Attorney on file and affirm the organization. You also ought to send a copy to some other financial institutions that you just deal with.

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

No. The OPGT cannot assist you in completing the forms or provide people with private legal services. Any questions about your own personal situation should be directed to an attorney.

Is a Power of Attorney or "living will" the same matter as a "Last Will and Testament"?

No. Your Last Will and Testament covers the distribution of your property when you die and only takes effect upon your departure. A Power of Attorney plus a "living will" just apply while you're alive and cease to work upon your departure.

What exactly does the term "mentally incapable" mean?

Generally speaking, if a person is "psychologically incapable," it means which they can't comprehend pertinent info or cannot appreciate what may occur as an outcome of decisions they make – or do not make – about their finances, health, or personal care. "Mentally incapable" means different things in different scenarios and will indicate a higher or lower standard of ability depending on the context. Should this happen, then that people’ power of lawyers may assume charge of the individual decisions, so long as a power of attorney has been duly executed.

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

No. In these circumstances a family member has the right to make your healthcare choices or implement to become your "guard" of property. Alternatively, someone V such as a close buddy - could use to act for you personally in these matters. The authorities, through the Office of the Public Guardian and Trustee (OPGT), acts only in situations where no other appropriate person can be obtained, able and willing.

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

It depends upon the law of the specific location where you intend to use the Power of Attorney. You might want to seek advice from a local attorney to find out in case you have to make new records in the event that you are planning to go, or be from the state for a while.

What powers will my lawyer have?

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

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 behalf. You can, however, write your treatment wishes (your "living will" or "advance directive") included in your Power of Attorney file so that you can be sure your attorney is aware of them. A "living will" merely addresses your treatment and personal care wishes and doesn't have to identify anyone or be written in just about any special manner.

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