Therefore, the person in your care must appoint an attorney in whom they can trust implicitly to act in their best interest. This means not allowing their own interests to conflict with those of the grantor. This restriction around the creating of wills also applies to making or changing the beneficiary on an RSP, a RIF, a pension plan, or an insurance policy.Īn attorney has a fiduciary duty towards the grantor. When it comes to estate planning, the attorney is not allowed to create, make changes to, or revoke a will on behalf of the grantor. It may sound like the attorney has unlimited access and authority over the grantor’s personal care and property but there are limitations. Or limited in terms of time or purpose (For example, if the person you’re taking care of likes to spend their winters in warmer climates, he or she can appoint an attorney to manage their property while they’re away.).General, giving the attorney wide powers to deal with all the grantor’s assets.Unlike a general power of attorney and power of attorney for personal care, the power of attorney for property can be enacted before the grantor is incapacitated, and continues after the grantor is cognitively diminished or impaired. The attorney is granted authority to make decisions of a financial nature for the grantor. Rather, it’s a series of conversations a person has with family members and other loved ones, friends, and their health care team to ensure that everyone is on the same page in terms of the person’s treatment plan. Unlike a power of attorney for personal care, an advanced care plan isn’t a legal document and is considered to be more than just a list of wishes for end-of-life care. This is a great process to start while the person you’re taking care of can still tell you their wishes about the type of care they want to receive (or not receive) when they can no longer make the decisions on their own. This may sound like an advanced care plan, which you may have read about on Elizz (for example: How to develop an advanced care plan and Thinking ahead – start an advance care planning discussion. A power of attorney for personal care only comes into effect once the grantor becomes incapacitated. These decisions could relate to the grantor’s personal hygiene, nutrition, home, and clothing. This authorizes the attorney to make decisions regarding the personal care of the grantor. There are two kinds of Continuing Powers of Attorney: This is called Continuing Power of Attorney (or Enduring Powers of Attorney), and is a separate legal document from the general power of attorney. Recognizing this possibility, all Canadian provinces enacted legislation allowing attorneys to manage the grantor’s affairs even after their mental capacity has been diminished. On average, Canadians are living longer so the potential of physical and/or mental incapacity is a reality of life we all must consider at some point. Will: This is a legal document that is prepared by a person during their lifetime to take effect upon their death to direct how their various assets and possessions will be dispersed or disposed. However, the general power of attorney is terminated upon the grantor’s loss of mental capacity or death. ![]() A general power of attorney lets the attorney manage the grantor’s assets during the grantor’s lifetime. Power of attorney: This is a legal document giving a person or corporation (the “attorney”) the right to make decisions on a grantor’s behalf. Attorney: The person whom the grantor has appointed to manage his or her affairs.
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