When you require a succession lawyer to guide you through the complexities of appointing an executor after you have passed, Matthias Duensing can be at your service. Our priority is to provide practical, sound counsel on how to create a Will that mirrors your wishes. Amidst tragedy and death, emotions can run high. Our legal counsel at Duensing Law has the reputable knowledge, experienced legal professionals and the imperative attention to Will details so that nothing needs revisiting once it is composed.
We answer your questions regarding the legal differences between the Power of Attorney (POA) and guardianship and why you need a reliable succession lawyer that can assist you.
What is the difference between Power of Attorney and guardianship?
An attorney is appointed by an individual who is mentally capable to do so, while a guardian is appointed by the court or the Office of Public Guardian and Trustee (OPGT). If the guardian is appointed by the court or OPGT, it might not be the same individual that the mentally incapable person would have chosen.
It is wise to appoint an attorney to help represent an individual’s personal items and property and avoid a guardian being appointed.
A Power of Attorney (POA) is a legal document that enables the representative (attorney) to make decisions on the behalf of the person granting the POA.
There are three types of Power of Attorney in Ontario:
A Continuing Power of Attorney for Property (CPOA) covers your financial affairs and allows the person you name to make decisions for you even if you become mentally incapable.
A non-continuing Power of Attorney for Property covers your financial affairs but can’t be used if you become mentally incapable. You might give this Power of Attorney, for example, if you need someone to look after your financial transactions while you’re away from home for a short period of time.
A Power of Attorney for Personal Care (POAPC) covers your personal affairs, such as housing, clothing, eating and health care.
A CPOA can go into effect on the date you sign it meaning your representative can act for your immediately after you sign, or it can go into effect when you become incapacitated. You can request that your representative must obtain a letter from a licensed physician confirming that you are no longer capable of making your own decision.