Power of Attorney Lawyers Toronto

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Family Lawyers Advising on Power of Attorney

A valid, up to date power of attorney is an important estate planning tool that can ensure that your finances and your health are protected should you become incapable of making important decisions about these matters.

Most people believe that if something happens to them and they are unable to make decisions, their family will be able to do so on their behalf. However, this is not always true in all circumstances. For some major decisions a legal authority will be required in order for a family member (or other individual) to be able to do so. This legal authority can be provided through a power of attorney.

At Gelman & Associates, our knowledgeable team can advise on appointing a power of attorney. We will explain your options and help you plan for what lies ahead. With our help you can protect yourself, your family, and your loved ones from risk, liability, and potential future legal disputes. We have many years of experience advising clients on how best to ensure ongoing care and responsible financial management.

What is a Power of Attorney?

A power of attorney involves granting decision making authority over your personal affairs to another individual. This authority is generally granted when the grantor (i.e. the person giving the decision-making responsibility over their affairs to the attorney) still has the requisite legal capacity to make their own decisions.

Once the decision-making authority is granted, the attorney (also known as the substitute decision-maker) is responsible for managing the personal care or the financial affairs of the grantor when the grantor is no longer able to do so themselves.

There are two types of power of attorney: power of attorney for personal property and power of attorney for personal care.

Power of Attorney for Personal Property

A power of attorney for personal property allows you to appoint a trusted person (a family member, friend, loved one, etc.) to make decisions about your home, your possessions, major assets, and your finances in the event that you are unable to.

Power of Attorney for Personal Care

A power of attorney for personal care allows you to appoint a trusted individual to make important decisions about your health in the event of your incapacity.

Power of Attorney for Personal Property	Power of Attorney for Personal Care
Paying your bills Collecting money owed to you Maintaining or selling your house Managing your investments	Appointing someone who has authority to make care decisions for you Making decisions about your personal care Deciding other aspects in life such as clothing and meals Make long-term medical care decisions if a medical professional finds you mentally incapable of making a specific decision

Factors to Consider

You can grant a power of attorney to anyone you wish, including your spouse, a parent, a child, another family member, a close friend, or even a lawyer or an accountant.

No matter who you appoint as your power of attorney, it is critical that the person you choose will act in your best interests in all circumstances and not abuse the significant power and responsibility that comes with being an attorney for personal property or an attorney for personal care.

Carefully planning for your well-being in advance can help avoid unpleasant, lengthy, and expensive litigation going forward.

Experienced Lawyers Advising Clients on Power of Attorney Matters in Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough for Advice on Succession Planning

Contact Gelman & Associates for strategic and proactive legal guidance with all of your estate planning needs, including powers of attorney for personal property, powers of attorney for personal care, and wills. Protect yourself and your family, call us at (416) 736-0200 or 1-844-736-0200 or contact us online We have offices conveniently located across Ontario and our phone lines are open Monday to Friday from 8 AM to 8 PM.

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Frequently Asked Questions

Do I need to name a personal agent in my living will?

Your living will simply expresses your desires for medical care and doesn’t require you to choose someone to act as your personal agent.

Does my Living Will have to be filed with a court office?

While a person is alive, a will doesn’t need to be filed in court to be legal. The only time a will has to be documented is when the person who wrote it dies; then, the will must be submitted with the Clerk of the Court to begin the formalities.

Can family override a living will?

A family cannot override a living will unless it is explicitly stated in the will that they can override or change the wishes stipulated in the will.

What is the difference between a living will and a will?

A living will deals with end-of-life affairs while you are alive . The will is guaranteed to come into effect some day, while a living will is only there if you need it.

Is a living will legally binding in Canada?

Yes, a living will is legally binding in Canada given that it is drafted and executed properly. In order to ensure that a living will is properly drafted, many people elect to utilize a standard form version of the instrument.

What is incapacitation in a living will?

Incapacitation occurs when medical professionals and a court determine that you’re mentally unable to handle your own affairs, such as managing your estate or making choices for yourself.

What is adult guardianship?

When informal aid is insufficient, and there is no representation agreement or enduring power of attorney in place, an adult guardian is appointed.

What are the major differences between enduring and ordinary powers of attorney?

An ordinary power of attorney is only valid as long as the donor can act for him or herself. However, if the donor dies or becomes mentally incapacitated, a power of attorney is invalidated. On the other hand, an enduring power of attorney remains valid despite the donor being mentally incapacitated.