Estate Planning 101 – Getting Started (Revised, October 2012). Laurie S. Redden, Deputy Public Guardian and Trustee & General Counsel; Monique Charlebois, Estates Counsel; Office of the Public Guardian and Trustee, Ministry of the Attorney General
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Laurie S. Redden, Deputy Public Guardian and Trustee & General Counsel;
Monique Charlebois, Estates Counsel;
Office of the Public Guardian and Trustee,
Ministry of the Attorney General
Originally presented at MAG/ ALOC Lunch ‘ Learn, September 11, 2012
“8. (1) A person is capable of giving a continuing power of attorney if he or she,
(a) knows what kind of property he or she has and its approximate value;
(b) is aware of obligations owed to his or her dependants;
(c) knows that the attorney will be able to do on the person’s behalf anything in respect of property that the person could do if capable, except make a will, subject to the conditions and restrictions set out in the power of attorney;
(d) knows that the attorney must account for his or her dealings with the person’s property;
(e) knows that he or she may, if capable, revoke the continuing power of attorney;
(f) appreciates that unless the attorney manages the property prudently its value may decline; and
(g) appreciates the possibility that the attorney could misuse the authority given to him or her.
(2) A person is capable of revoking a continuing power of attorney if he or she is capable of giving one.”
“47. (1) A person is capable of giving a power of attorney for personal care if the person,
(a) has the ability to understand whether the proposed attorney has a genuine concern for the person’s welfare; and
(b) appreciates that the person may need to have the proposed attorney make decisions for the person.
(2) A power of attorney for personal care is valid if, at the time it was executed, the grantor was capable of giving it even if the grantor is incapable of personal care. 1992, c. 30, s. 47 (2).
(3) A person is capable of revoking a power of attorney for personal care if he or she is capable of giving one.
(4) Instructions contained in a power of attorney for personal care with respect to a decision the attorney is authorized to make are valid if, at the time the power of attorney was executed, the grantor had the capacity to make the decision. “
“7. (7) The continuing power of attorney may provide that it comes into effect on a specified date or when a specified contingency happens. “
“49. (1) A provision in a power of attorney for personal care that confers authority to make a decision concerning the grantor’s personal care is effective to authorize the attorney to make the decision if,
(a) the Health Care Consent Act, 1996 applies to the decision and that Act authorizes the attorney to make the decision; or
(b) the Health Care Consent Act, 1996 does not apply to the decision and the attorney has reasonable grounds to believe that the grantor is incapable of making the decision, subject to any condition in the power of attorney that prevents the attorney from making the decision unless the fact that the grantor is incapable of personal care has been confirmed. “
“5. (1) A person may, while capable, express wishes with respect to
treatment, admission to a care facility or a personal assistance service.
(2) Wishes may be expressed in a power of attorney, in a form prescribed
by the regulations, in any other written form, orally or in any other
(3) Later wishes expressed while capable prevail over earlier wishes.”
2.‘Solicitor’s Will’ & printed form ‘Stationer’s Will’:
YOU GET WHAT YOU PAY FOR!....But becautious, double check, ask questions.