Wills & Estates
What is a Power of Attorney for Personal Care and a Power of Attorney for Property
Ross Judge
August 15, 2011
A Power of Attorney for Personal Care delegates to your named attorney or attorneys the authority to make decisions regarding your care. Your attorney or attorneys can only exercise the authority under the Power of Attorney for Personal Care if one or more physicians determine that you are no longer capable of making such decisions for yourself.
Should I transfer my house to my children?
Brian Babcock
July 18, 2011
This question arises frequently during estate planning, either at a lawyer’s office or while consulting financial planners.
There are often good reasons to transfer the house to adult children. This may avoid probate, which both speeds up a sale after death and reduces probate fees (taxes). If the parent is removed from title entirely, the deletion of this asset from their financial statement may enhance eligibility for government benefits. If one or more of the children live in the home, or wants to in the future, putting them on title early may smooth that transition.
Nothing in law is that simple though.
Can someone with Alzheimer’s disease make a Will?
Brian Babcock
June 2, 2011
There are many good reasons to make your will now, rather than putting it off. Accident and illness generally are always risks, but increasingly, diminished mental capacity is becoming an issue. Although diminished capacity does not necessarily mean incapacity, it can create confusion, increase costs, and increases the risk that the testator’s wishes may not be followed. Progressive diseases such as Alzheimer’s disease are particularly troubling.
Although the capacity to make a valid will is sometimes said to be a high threshold, judges are reluctant to...
Capacity to Grant A Power Of Attorney
Fhara Pottinger
August 21, 2008
Everyone should have Powers of Attorney. In the absence of Powers, the government may intervene to make financial or even personal care decisions for you. No one wants strangers managing their affairs. In addition, obtaining a court order of guardianship is slow and costly.
Serious health care decisions are best made under a Power of Attorney. Although the law creates a ranked list of substitute decision-makers for health care that keeps it in the family as much as possible, that order of priority does not respect ability or the actual relationships between the family members, merely...
Estate Planning For Business
Fhara Pottinger
January 8, 2008
If you are a business owner and operator, you know that decisions must be made on a daily basis to ensure the smooth and successful operation of your business. That is why, when you go on vacation, you plan for someone to make business decisions in your absence. However, not all absences are planned. Accident or illness can occur suddenly, without warning and make you incapable of making decisions for significant periods of time, weeks or even months. As a result, a Power of Attorney for Property is especially important for business operators.
Top 10 Reasons To (Re)Do Your Will
Deborah Humphreys
September 18, 2007
Who will take care of your family, investments or even your pets when you are gone? Who will arrange your funeral or memorial service? Do you want to be buried or cremated?
If you do not provide your own answers to these questions, a set of arbitrary government rules will decide for you. Most people prefer things done their way, yet less than half of all adult Canadians have a will.
Spring Cleaning...
Deborah Humphreys
May 3, 2006
Spring is here. As we do at home, we at Weilers get the urge to do a bit of spring cleaning. Many of our clients who have had wills prepared by our office have recently received letters reminding them to review their estate planning documents.
It is a very good idea to dust them off once in awhile and take the time to review what you have.
Creditors Are Out Of Luck
Paul Jasiura
February 09, 2005
On February 3, 2005, the Supreme Court of Canada refused to grant leave in a case called Amherst Crane Rentals Limited v. Perring, involving competing claims to RRSP benefits. As a result, the Ontario Court of Appeal decision in the case now stands as binding.
At the Court of Appeal, all three judges had agreed that the designated beneficiary of an RRSP was entitled to receive the benefits on the death of the owner, without those benefits being available to pay any creditors of the deceased owner.
There had been conflicting caselaw in different provinces on this point.
