The legacy of love blog

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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