Ontario Incapacity Planning Law Firm

At some point, you or a loved one such as a spouse or elderly relative may become temporarily or permanently incapable of making decisions. Planning for incapacity is an essential part of estate planning.

At the Toronto, Ontario law firm of O'Sullivan Estate Lawyers LLP, 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, including for the mobile client who may have multi-jurisdictional connections and require incapacity planning in other places. To learn more, contact us today to schedule a meeting at our Downtown Toronto law office.

In Ontario, incapacity planning generally includes the use of two types of powers of attorney:

  • A continuing power of attorney for property: under a continuing power of attorney for property, you can give others the legal authority to make decisions regarding your property, including your finances.
  • 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 that 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 or older, which can provide a sophisticated and comprehensive means to plan for incapacity.

Experienced and Knowledgeable Wills and Power of Attorney 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 and incapacity planning.

Susannah Roth has practiced trust and estate law since being called to the bar in 2002, has written and lectured on various subject areas in trust and estate law, and has been involved in leadership roles in the legal profession with the Ontario Bar Association, including her current role as trustee of the OBA Foundation.

Emma Hamilton's practice includes estate planning, estate administration and estate dispute resolution. She was called the Alberta bar in 2016. Emma is currently completing the Diploma Program of the Society of Trust and Estate Practitioners (STEP).

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.