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Guardianships & Capacity Archives

Important to establish powers of attorney prior to incapacity

Illness and incapacity take many families by surprise. A loved one may be rational and coherent one month, but his or her health declines rapidly the next, rendering the loved one unable to make important decisions related to finances and health care.

powers of attorney and guardianship: 2 ways to protect a vulnerable loved one

Canadians are living longer than ever before, and with longer lifetimes come increasing concerns about the possibility of dementia and mental incapacity. An essential way to plan for the possibility of one's own incapacity is to draft these two documents: power of attorney for personal care and power of attorney for property.

Learn more about powers of attorney and guardianship in Ontario

In light of our recent post on a legal dispute involving an Ontario man who was sentenced to jail forstealing from his father, now is a fitting time to discuss estate planning as it relates to powers of attorney and other forms of incapacity planning.

Many Canadians report financial problems associated with dementia

According to a study by the Public Health Agency of Canada, 35 per cent of Canadians with a neurological condition such as Alzheimer's disease reported having experienced a financial crisis in the past 12 months.

Number of Canadians living with dementia expected to double in 15 years

Anticipating the possibility of incapacity is an important part of any comprehensive estate plan. Unfortunately, though, instead of addressing issues of capacity and consent by assigning powers of attorney, many Canadians postpone this kind of planning until it's too late.

What are the rules in Ontario for establishing guardianship?

The possibility of not being able to make your own decisions may not be a subject you often consider, but anticipating incapacity is an essential part of estate planning. Canadians can most easily address incapacity issues with two important documents: power of attorney for personal care and power of attorney for property.

Guardianship may be your best option for protecting a vulnerable loved one

Many Canadians plan for the onset of mental incapacity by appointing an Attorney for Personal Care and an Attorney for Property. These powers of attorney allow someone other than the incapable individual to make decisions regarding his or her finances, health and living arrangements.

power of attorney applicable to younger Canadians too

Earlier this month we wrote a post about when a capacity assessment might be needed. In that post we mentioned that the assessment could be necessary when an individual fails to plan ahead for mental incapacity and eventually finds himself unable to look after his own affairs.

How are substitute decision-makers appointed in Ontario?

Ontario's Substitute Decisions Act , 1992 (SDA) is the statute that governs the matters of guardianship and capacity. It provides how mental incapacity in adults is to be dealt with from the perspective of decision-making about property and personal care. The statute was designed specifically to give individuals more control over their lives in the event of incapacity.