At some point, we may become temporarily or permanently incapable of making decisions for ourselves. Planning for incapacity is an essential part of estate planning.
In Ontario, incapacity planning generally includes the use of two types of powers of attorney:
- A continuing power of attorney for property and financial planning: Under a continuing power of attorney for property, you can give others the legal authority to make decisions regarding your property.
- A power of attorney for personal care: By preparing a power of attorney for personal care, you can give others the authority to make decisions about your personal care, including medical and health care, nutrition, shelter, clothing, hygiene and safety, should you become incapable.
- A health care directive: A health care directive is a document which provides your direction and wishes with regard to specific issues regarding your personal care, including medical issues and whether you would or would not wish medical treatment involving "heroic" measures to artificially prolong life if one is at the end of life.
- In addition, there are other options for planning for incapacity, including use of a trust, including an "alter ego" or joint partner trust for persons age 65 of older, which can provide a sophisticated and comprehensive means to plan for incapacity.
At the Toronto, Ontario, law firm of O'Sullivan Estate Lawyers, we have helped many clients ensure their persons and property are legally protected in the event of incapacity. Our Toronto power of attorney lawyers provide cost-effective and tailored solutions to assist clients in planning for incapacity.
Experienced and Knowledgeable Estates and Wills Lawyers
At our firm, we provide estate and incapacity planning legal services. The founding lawyer of our firm, Margaret O'Sullivan is recognized as a leading Toronto estate planning lawyer, and has served in leadership roles in several trust and estate legal associations. She is also a frequent speaker and writer regarding estate planning. Susannah Roth has practised trust and estate law since being called to the bar in 2002 and has written and lectured on various subject areas in trust and estate law and is involved in leadership roles in the legal profession with the Ontario Bar Association. Claudia Sgro practices exclusively in the trusts and estates area, is a member of the Trusts and Estates Section of the Ontario Bar Association and has published legal articles in several legal journals.
Meet With a Skilled Ontario Living Will Lawyer
We can meet with you to discuss important considerations on an individual basis. For instance, how do you specify when a power of attorney will come into effect? What are the considerations in choosing an attorney? How do you provide for successor attorneys? What options are there for decision-making, for example unanimity versus a majority decision if there are more than two attorneys and how can an impasse be resolved where there is disagreement? How do you compensate an attorney?
We can also provide advice on alternatives to powers of attorney. As an example, an inter vivos trust can provide a comprehensive and sophisticated approach for incapacity planning. For more information about our firm and incapacity planning services, contact our lawyers at 888-365-6235.
