The legacy of love blog

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...

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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...

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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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6 things to consider when granting a Power of Attorney

power of attorney Mar 20, 2017

Power of attorney is an arrangement that allows a person you trust to handle certain financial responsibilities for you in your absence. It is typically invoked when you are absent or unavailable for a certain period of time (e.g. taking an extended vacation, going overseas for military duty). The person you appoint can pay your bills, sell your house for you, and complete other important financial transactions.

Granting someone else power of attorney is one of those major life decisions that...

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Understanding the different types of Power of Attorney

power of attorney Jan 20, 2017

A Power of Attorney (POA) authorizes another person to handle your financial, legal, and / or personal matters. In Alberta, there are different types of POA, each one intended to fulfill a specific need. For example, you may want someone to temporarily take care of your affairs while you are deployed with the Canadian military or if you head south for the winter. Alternatively, you might want to appoint someone to make decisions on your behalf if you become incapacitated. Some powers of...

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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...

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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...

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