The legacy of love blog

Should my 18 year old have a will?

In Alberta, most people have to be 18 years of age to write a will. There are a variety of exceptions to this rule, for example if you a minor has a child or is a member of the military then you may be able to write a will while you are a minor. However, by and large most minors are unable to create a will in Alberta until their 18th birthday. 

Should your child write a will when they turn 18?

Like so many things in life, the answer depends on your child circumstances. Some reasons to...

Continue reading...

Capacity: What Can Be Done Without It?

In a former post we discussed the requirement of capacity: what it meant and why it is important. This post is a follow-up on what a person can do if a loved one does not have capacity, but needs to give someone to the ability to act as Agent and Attorney for them. 

If not a Power of Attorney and Personal Care Directive than what?

In Alberta, if an adult is not capable of making financial decisions then a trustee is appointed. If the individual also requires someone to make...

Continue reading...

Protecting yourself when you're not able

One of the most abused legal documents is the Power of Attorney. It can give power to a person who might misuse it and leave you powerless in controlling your own life. Same goes for a Personal Care Directive because if this document is ill-prepared, you could end up receiving medical care in a way you never wanted. However, without these documents, you and your family could face costly litigation to unfreeze your assets, or you may be resuscitated when you didn’t want to be. At Estate...

Continue reading...

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)...

Continue reading...

What a Personal Care Directive can and cannot achieve

A personal care directive  (PCD) is a legal document that enables you to indicate how, why, and by whom your personal care decisions may be made in the event that you cannot make them on your own. In Alberta, your PCD is placed in your Green Sleeve, an advanced care planning document that conveys your wishes regarding medical, resuscitation, and comfort care to your doctors and other medical support staff.

Because a personal care directive is an estate planning document, there is some...

Continue reading...

What you need to know about Green Sleeves

In Alberta, Green Sleeves are often referred to as ‘medical passports.’ They are green plastic pockets that keep your advance care planning documents in a single, easily accessed place. In an emergency situation, Alberta medical providers can review the contents and know what your wishes are. In Alberta most people keep these green plastic envelopes on the refrigerator door where emergency personnel can grab these documents if you can not express your wishes.

Green Sleeves contain...

Continue reading...

Remember, Estate Planning isn’t just for old people

A near-universal assumption seems to be that estate planning is only necessary if you’re old and / or wealthy.  You’re young, still working for a living, and have a long way to go before you need to think about the distribution of your assets, right?

Hopefully that will turn out to be the case, but the reality is that we can’t see the future. Something could happen tomorrow that hampers our ability to make medical decisions or even manage our assets. Younger people also...

Continue reading...

What your will can and cannot do, Part 2: The Limitations

Although your will is an important estate planning document, there are certain tasks and directives that it cannot accomplish. Understanding these limitations is essential to determining whether you require additional estate plans to ensure that your assets—as well as those you love—are protected in the future.

You cannot create a Personal Directive

A Personal Directive, otherwise known as a Living Will, is a legal document that provides a designated agent with the authority to...

Continue reading...

phone: +1 (780) 458-8228
fax: +1 (780) 930-1506

200 Carnegie Drive, Suite 101, St. Albert, Alberta, T8N 5A8
Get Directions

Close

Ready to protect
your loved ones?

Sign up and we'll help you make plans that protect the people you care about most.