July 26th, 2010
If a person becomes mentally incapable and has never signed a Power of Attorney for Property and/or Power of Attorney for Personal Care, it may be necessary for someone to make an application to the court to be the incapable person’s guardian of property and/or guardian of the person.
Unfortunately, guardianship applications can become acrimonious where more than one family member vie to be guardian. What is the court’s reaction when the contesting parties are able to come to an agreement and appear to have settled the differences between them? Read the rest of this entry »
Posted in Attorneys Acting under a Power of Attorney, Guardianship for an Adult | No Comments »
July 18th, 2010
Following up on last week’s blog, this week I will discuss gifting a pet to a caregiver and what to consider when making a cash gift to a caregiver.
Gifting a Pet to a Caregiver
Although most of us do not think of our pets as assets, it is important to remember that, for legal purposes, animals are considered personal property. As such, a pet cannot be a beneficiary under a Will. A pet owner can gift his or her pet to another person who then becomes the legal owner of the pet. A provision in a Will directing that a pet be euthanized will likely not be valid as such provisions are considered to be against public policy. Read the rest of this entry »
Posted in Estate Planning, Pets | No Comments »
July 9th, 2010
Many of us consider our pets to be beloved family members. It is important to plan appropriately for our pets in the event of our mental incapacity or death. The next couple of blogs will explore some of the issues that should be considered.
Immediate Care after Incapacity/Death
Every pet owner should ask a trusted friend or family member to be the emergency contact to feed and care for a pet in the event of the owner’s sudden incapacity or death. Read the rest of this entry »
Posted in Estate Planning, Pets, Power of Attorney for Property | 1 Comment »
June 1st, 2010
Question: Would a provision in your Will directing your executor (also referred to as ‘estate trustee’) to use a specific lawyer or other professional advisor be binding?
Answer: In short, probably not. It is likely that such a provision would not be legally binding upon your executor. Read the rest of this entry »
Posted in Estate Administration, Estate Planning, Executor | No Comments »
May 23rd, 2010
Last week, I discussed the basics of a Power of Attorney for Property. This week I will focus on a related, and equally important, document, a Power of Attorney for Personal Care (POA PC).
A POA PC allows the person(s) you have named to make medical treatment and personal care decisions for you but only if you are mentally incapable of making the decision yourself. There are different tests for mental capacity depending upon the decisions that must be made: Read the rest of this entry »
Posted in Attorneys Acting under a Power of Attorney, Estate Planning, Power of Attorney for Personal Care | 1 Comment »
May 16th, 2010
Ensuring you have a valid, up-to-date Power of Attorney for Property (POA PPY) is an important part of your estate planning. In a POA PPY, you, the ‘grantor’, name someone as your ‘Attorney’ or ‘substitute decision-maker’ who will make decisions for you if you are unable to do so.
You can name one or more people or a trust company to act on your behalf. With the document in hand, they can deal with your property and financial affairs. Read the rest of this entry »
Posted in Attorneys Acting under a Power of Attorney, Estate Planning, Power of Attorney for Property | 1 Comment »
May 5th, 2010
Do you need a document to prove that someone is deceased? For many purposes, a simple Proof of Death or Funeral Director’s Proof of Death may be enough. These are issued to the person arranging the funeral or to the deceased’s Executor, usually at the time of the funeral.
However, in some circumstances a government-issued Death Certificate may be required. Read the rest of this entry »
Posted in Estate Administration, Executor | No Comments »
April 26th, 2010
A: There is generally no need to update a Will just because you have opened a TFSA account. All assets including a TFSA that you own solely and which are not designated to a beneficiary become part of your estate on death. You can only name a beneficiary for assets such as life insurance, RRSPs, RRIFs, segregated funds and TFSAs. If you name a beneficiary for your TFSA, it will pass directly to that person, if he or she is alive, on your death and will not be subject to probate fees.
Posted in Avoiding Probate, Estate Planning | No Comments »
April 19th, 2010
If parents are separated or divorced, a custodial appointment in a parent’s Will is only effective if that parent was entitled to custody of the child at the time of the parent’s death. It is essential that both parents, especially those who are married or who have joint custody due to separation or divorce, reach a consensus as to who should be appointed custodian. If parents name different custodians in their Wills and then the parents die in a common accident in circumstances that make it impossible to determine who died last, neither of the custodians named will have custody.
Many parents, whether biological or adoptive, are surprised to learn that they do not have the right to name a permanent custodian of minor children. Read the rest of this entry »
Posted in Custodians of Children, Estate Planning, Guardians of Children, Minor Children, Young Children | No Comments »
April 8th, 2010
Although not a subject many parents like to think about, parents of a minor child (under the age of 18) should consider who will look after their child if both parents die. This is a decision often debated and agonized over but, all too often, ignored. Hopefully, the information provided over the next few weeks will help you make an informed decision and will encourage you to put that decision in writing.
Although the term guardian is commonly used to mean a person having custody of a child, the correct legal term is ‘custodian’. Read the rest of this entry »
Posted in Custodians of Children, Estate Planning, Guardians of Children, Minor Children, Young Children | No Comments »
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