Power of Attorney and Guardianship

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.

What power does a POA have?

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 licenced physician confirming that you are no longer capable of making your own decision.

What are the duties of a guardian of property?

Appointing a guardian for your children in your Will ensures that the court knows who you, as the parent, believe is the best individual for the job. Additionally, if you have been appointed as a guardian of property in Ontario, you will need to understand your duties. They include:

• Establishing a relationship with the individual’s family and friends;
• Encouraging contact between the incapable person and their loved ones;
• Managing the individuals’ property in a beneficial manner;
• Helping the individual participants, as much as they can, about the decision of their property.

Can You Implement A Power of Attorney Without a Lawyer?

A lawyer is not necessary but it is highly recommended. Having a licensed attorney will erase all miscommunication and give you the best legal guidance. A POA bears sensitive subject matters and it is important that you understand the powers you can give your representative.

Our legal counsel can provide you with objective and experienced POA advice offering you additional comfort.

By Law, Do I Need a Lawyer to Settle an Estate?

In Ontario, you are not required to hire a lawyer to settle an estate, but it is strongly advisable in many cases. Most people may not have the capacity to deal with the detailed paperwork and court processes. Seeking legal assistance in probate and estate administration matters is a strategic move, especially to avoid family disputes and ensuing litigation proceedings.

A reliable lawyer can help guide you through the proper procedures to ensure all assets and resources are managed fairly.

You Deserve a Consultation with a Reputable Will Lawyer – Contact Duensing Law Today!

Contact us for a complimentary consultation as we can help you create a Will and Powers of Attorney that mirror your wishes. To schedule an appointment or contact us for a consultation, email us at info@duensinglaw.com or call us directly at (416) 601-4769.