Things you should know and consider when preparing a Power of Attorney

Power of Attorney for Personal Care

 

• your personal choice of your Power of Attorney for Personal Care makes decisions on
your behalf if you are hospitalized, or unable to make decisions

• may continue on if you develop significant mental disorder

• can give doctors instructions such as “no heroic measures”

• can choose the same person as executor in your Will or another

• should be someone accessible and preferably in Ontario

• although you may postpone it until you have mental or physical disabilities this makes it
complicated or uncertain for start date and may be preferable to start immediately

• can name one Attorney but sometimes joint or people working together is preferable

• this may be confirmed with other Power of Attorney but if choosing different Attorneys
then preferable that it be done in separate documents

Power of Attorney for Property

 

• looks after your financial affairs just as you could do

• maybe the same person as personal care or another

• can be joint or choose to have professional advisor assist

• avoids court proceeding to set out plans if required for the long term

• may wish to take effect right away and avoid the definition section of when it takes effect

• although may postpone it until you have mental or physical disabilities this makes it
complicated or uncertain for start date and may be preferable to start immediately

• can name one Attorney but sometimes joint or people working together is preferable

• this may be confirmed with other Power of Attorney but if choosing different Attorneys
then preferable that it be done in separate documents

• with respect to doing an immediate Power of Attorney for Property, if you have any
concerns, one of the options is to give the Power of Attorney to your Attorney only in a
copy, with an indication that it is not valid unless an original; the other option to give
them the original, because if you are going to trust them if you have some kind of health
difficulties in the future probably you trust them while you are well

Reviewing Powers of Attorney

 

• changes in the law, a marriage or a divorce judgment may nullify or affect a 
Powers of Attorney

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