The legacy of love blog

Guardianship and your children

guardianship Oct 08, 2017

One of the most difficult decisions any parent will ever have to make is who should be the guardian of their children if they are no longer alive. The inability to answer this one question is why most people with minor children do not write a will.

Okay, lets get the elephant out of the room. No one will over raise your children as well as you can and will. We will never be able to replace you. That said, who is the second-best person to raise your children, if it is not you or your spouse?

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How is legal (in)capacity determined in Alberta?

Legal capacity addresses a person’s ability to understand the nature and consequences of making decisions that:

A) are legally binding

B) affect their rights, responsibilities, obligations, and legal entitlements, as well as those of others

Examples of these decisions include entering, buying or selling a home or business; initiating a lawsuit; and executing a Health Care Directive, Power of Attorney, or will. Someone who lacks legal capacity (in other words, is legally incapacitated)...

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4 common mistakes people make when naming a potential Guardian for their kids

guardianship May 20, 2017

Estate planning is strongly recommended for anyone, but when you have young children, the process is especially important. Urgent, even. Not only do you want to provide for them financially, you also need to name a guardian who will raise them in the event that you and their other parent die or are otherwise unable to care for them.

If you haven’t done this yet, you’re not the only one. Over 60% of parents have yet to name a guardian for their minor children. For some, it’s...

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The difference between a Guardianship Order and a Trusteeship Order

guardianship trusteeship Apr 20, 2017

Many adults across Alberta are not in a position to make their own decisions regarding their personal and financial matters. In instances like these, the Adult Guardianship and Trusteeship Act (AGTA) permits family members and concerned parties to apply for a Guardianship or Trusteeship Order to ensure that their loved ones are not compromised or taken advantage of.

Because they both support the care and protection of a vulnerable loved one, Guardianship and Trusteeship Orders are often...

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