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Court

Wills & Powers of Attorney

It is important to get your affairs in order to ensure your wishes are honored and your loved ones are not left navigating the unknown during an already challenging time. 

 

What is a Will?

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A Will takes effect upon death and sets out your wishes for your estate - who will act as the Executor, how your estate will be distributed, and what powers you grant your Executor.

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What is a Power of Attorney (POA) for Property?

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A Power of Attorney for Property takes effect if you become incapable. It allows you to appoint someone of your choice to handle your financial affairs.  Because the law does not automatically appoint family members, someone will generally have to apply to Court to become your legal guardian in absence of a POA for Property. 

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What is a Power of Attorney (POA) for Personal Care?

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A Power of Attorney for Personal Care takes effect when you are deemed mentally incapable. It allows you to appoint someone to act on your behalf and make important decisions about your care.  Without a POA for Personal Care in an emergency situation, the law sets out a priority sequence for appointing a Substitute Decision-Maker (SDM), which may not result in the best person assuming the role. 

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We can help prepare these legal documents - individually or as a package - and guide you through important considerations when expressing your wishes. 

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Important to note in the family law context:

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  1. As of January 1, 2022, a new marriage does not revoke or nullify a Will

  2. A divorce impacts your Will, but it is not cancelled in full. Only the provisions that refer to your spouse are revoked. This means that your former spouse will no longer be your executor, trustee or guardian, and any gifts you left to your former spouse will go to someone else. Who the gifts will now go to will depend on the structure of your Will.

  3. As of January 1, 2022, spouses that have been separated for at least 3 years, but not divorced, or have a valid separation agreement or court order, are treated the same as divorced spouses under the ex-spouse’s Will.

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