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Powers of Attorney

Raluca M. Soica
September 8, 2023

In the following blog post, the author will explain what a power of attorney is, how it works, and the risks if no power of attorney is appointed. The following case summary illustrates the dangers of not establishing a power of attorney.

Simply speaking, a power of attorney a legal document appointing an attorney to act on your behalf with respect to property or personal care, in accordance with their interests and wishes. People often seek a power of attorney to avoid uncertainty for when they can’t act on their own behalf. A power of attorney is an intelligent way to prepare for the future because it ensures that your wishes are met in case an illness, disability, incapacitation, or even death occurs. A power of attorney can extend to financial and health-related decisions.

The structure of power of attorney is straightforward; one creates it while they are alive in case a tragedy strikes. Often, people confuse power of attorney with wills. Their significant distinction is that a will only becomes effective once the person dies and a will appoints an executor to administer the estate so it can be distributed to the beneficiaries. A power of attorney focuses on appointing an attorney to make decisions on behalf of someone while they are still alive.

Having a power of attorney also means it is practical, flexible, and cost-effective. Concerning practicality, an attorney for property would help manage your property and finances and help you attend doctor visits and make healthcare decisions on your behalf if you suddenly need this help due to illness, accident, etc. The benefit that you will have as a grantor is that you can choose when you want a power of attorney to act for you, what properties you want them to look after, what charitable donations you may wish to make, and many more. Another reason why people choose power of attorney is because of the flexibility, as you can select one attorney or many and assign them different tasks. They can choose to work collaboratively or individually.

Lastly, it is cost-effective; the law obligates an attorney to make decisions in the best interests of the grantor. An attorney must abide by your wishes, and if they are not communicated, they must act as you would have agreed to.

Risks of not having a power of attorney:

According to the Health Care Consent Act 1996, personal care decisions will be made based on a ranking. This can be tricky because it may be someone other than someone you would have chosen. This act may also only cover some of your personal care decisions that you would want to be covered.
For matters concerning property, those closest to you will have difficulty because they must file an application with the Court so the Court then determines who will represent your financial affairs – an expensive and time-consuming process.
There can be conflict in the family if a power of attorney is not in place before an unfortunate event since loved ones will have to figure out who is responsible for what.
By having a power of attorney, you can ensure that all your affairs are handled per your wishes, including how much compensation you want the representative to receive.

I would be pleased to guide you through the process of prepare your powers of attorney!

PLEASE NOTE THAT THE CONTENT OF THIS BLOG IS MERELY FOR INFORMATION PURPOSES AND DOES NOT CONSTITUTE LEGAL ADVICE.

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(647) 280-6497
(647) 694-5290
raluca@rms-law.ca
2005 Sheppard Avenue East, Suite 100, Toronto, Ontario M2J 5B4

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