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Wills and Estates Power of Attorney


Power of Attorney for personal care

The Substitute Decisions Act, 1992, outlines that a Power of Attorney for personal care allows you to appoint a person, such as a family member, relative or trusted friend, who can make personal care decisions for you, if you were to become incapable of making such decisions on your own. For example, you may become suddenly ill and physically unable to attend to your normal activities of daily life and you would require the appropriate care arranged on your behalf. The Power of Attorney for personal care can range from many different types of personal care, such as making decisions about your health care, your nutrition, clothing, housing, hygiene, safety and your consent to medical treatment. It is important to remember that a Power of Attorney for personal care will not come into effect until you become physically or mentally incapable of making your personal care decisions or when making specific decisions. Being mentally incapable could mean a number of different things, such as not being able to properly understand relevant information specific to making a decision concerning your health care, nutrition, shelter, clothing, hygiene or safety, or if you are unable to appreciate the likely consequences of a particular decision. The authority that is gives the attorney rights should be properly understood prior to executing a Power of Attorney for personal care. It is important to consult with a skilled and experienced lawyer who can provide you with the relevant facts and legal outcomes for your particular circumstances. In addition, you may choose more than one attorney who will act if the primary attorney is unwilling or becomes unable to act. Often times, you may place specific instructions or restrictions on your Power of Attorney for personal care.



Continuing Power of Attorney for property

A Continuing Power of Attorney for propery allows you to appoint one or more attorneys, at your desire, who will act and take control over your financial life, even if you are no longer mentally or physically capable of making decisions to act. This document is effective the moment you sign it. However, you may be able to effect a later date, or in a specific circumstance, where it would come into play. Appointing more than one attorney will require that the attorneys act jointly in their decisions, unless your document states otherwise. In addition, your attorney's are entitled to compensation, which is guided by the Substitute Decisions Act, 1992. It is highly suggested that you speak to a qualified wills and estates lawyer who can explain the fee scale, and/or restrict or increase the compensation.

There are certain life triggering events that provide a reason to get a properly drafted Power of Attorney for personal care.

At Scardicchio Law Office Professional Corporation, our lawyers have the appropriate skills and knowledge to help you secure your future with a properly drafted Power of Attorney for personal care. Call us to discuss your plans. We are here to help.


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Our Wills and Estates Lawyers handle power of attorneys in Ontario and service Brampton, Mississauga, Milton, Toronto, Markham, Etobicoke, Bolton, Caledon, Vaughan, Thornhill, Richmond Hill, Oakville, Burlington, Hamilton, Orangeville, Newmarket, Barrie, Collingwood, Wasaga Beach and Muskoka.

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