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When updating your estate plan, it’s important to consider who will be the key decision-makers on death and on incapacity. Understanding these roles can help you prepare better for your future and make informed decisions about your property and personal care. This blog highlights the responsibilities of fiduciaries in the
“When Should You Have a Local or Separate Situs Will or Power of Attorney?” Many of our readers, especially business owners, may be familiar with the concept of having multiple wills in the same jurisdiction, where each will governs different classes of assets—usually used to avoid paying estate administration tax
What is the duty to account? This refers to the obligation of persons acting in a fiduciary capacity, such as a trustee, executor or attorney or guardian for property, to keep records of the assets and liabilities they are managing on behalf of others and be able to accurately report
In past blogs, we’ve discussed the importance of having a Power of Attorney for Property and a Power of Attorney for Personal Care. Without these documents in place, your loved ones will be faced with the long process of applying to court to become a guardian in the event you
The ability of a person to appoint a substitute decision-maker, known as an attorney, is a longstanding right of those in Ontario with the requisite capacity and is governed by various provincial legislation and case law. This right is much the same in many other common law jurisdictions, but terminology
A Continuing Power of Attorney for Property and a Power of Attorney for Personal Care are simple but powerful documents. In short, a Power of Attorney is a document in which the grantor appoints another person – the attorney – the power to act on the grantor’s behalf including in
Under a continuing power of attorney for property (for ease of reference, referred to throughout this blog as a power of attorney), a grantor can give the authority to one or more people to manage their money and property on their behalf. In Ontario, the person appointed in this role
You’ve gone through the process of executing your Will(s), Continuing Power of Attorney for Property and Power of Attorney for Personal Care… now what? This blog looks at some of the considerations after you have signed your key estate planning documents. Storage One of the key considerations is where to
Many of you have a power of attorney for personal care if you live in Ontario, or a similar document if you reside in another jurisdiction. Its purpose is to appoint one or more persons to make personal care decisions on your behalf when you no longer have the capacity
Avoid Losing, Misplacing, or Accidentally Discarding a Will As important as having a Will in place that clearly outlines your wishes and intentions after your death is, it ultimately won’t matter if the Will cannot be located on your death. Surprisingly, keeping a Will in a safe and secure spot
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