What is a Power of Attorney? A Power of Attorney is a legal document which grants authority to an individual to make legal and financial decisions on your behalf. With an Enduring Power of Attorney, you enable someone you trust to make decisions for you if you are unable to do so.

What do I need to set up a Power or Attorney?  Any adult who is capable of understanding what a Power of Attorney does is able to establish a Power of Attorney.  If you can understand your assets and their value, your obligations to your dependents (including spouse and children), and the ways a Power of Attorney will be able to make decisions- both good and bad- about your finances and assets, you are a good candidate for a Power of Attorney.

Can a Power of Attorney be revoked? A Power of Attorney gives another person control over your legal and financial decisions. If you have the mental capacity to establish a Power of Attorney, you are also able to revoke the Power of Attorney.  Your Power of Attorney loses their authority if you were married to them and the marriage ends, if they lose their mental capacity or die, if they go bankrupt, or if they are convicted of a criminal offence towards you.

What can my Power of Attorney do for me? Your appointed power of attorney can make legal and financial decisions for you. This includes paying your bills and conducting your banking, making investments, speaking to government and municipal agents, and managing your property.

Is there anything a Power of Attorney cannot do for me? Your appointed power of attorney can only make legal and financial decisions for you. They are not able to make a will for you, or make decisions about your healthcare.   (If you want someone to have the authority to make healthcare related decisions, you will need to sign an Representation Agreement.)

Can a Power of Attorney continue to act after my death? No. A Power of Attorney is only in effect while you are alive. If you have a will, your Executor can act on your behalf after you pass away.

Who can be my Attorney? You can choose anyone for your Power of Attorney, as long as they are an adult, do not receive compensation to care for your personal or health needs, and are not an employee at a facility in which you reside or receive care.  You may assign multiple attorneys if you wish.  Your attorney(s) should be someone that you trust and who has the capability and availability to do the job.

Why do I need a Power of Attorney? A Power of Attorney gives you the peace of mind knowing that if you lose your capacity to make decisions, someone you trust will be able to manage your affairs for you. This provides a sense of security for both you and your family, knowing that your personal affairs will be in order.

What is a Representation Agreement? A representation agreement is a legal document which allows someone to make decisions about your health care if you are unable to make those decisions yourself.

What is a Living Will?  A living will is also known as an Advance Directive. It states specifically which treatments and procedures you consent or do not consent to, ensuring that your health care wishes are followed even if you are not in a mental state to communicate them.

Is a Representation Agreement the same as a Living Will? No. A representation agreement is a person you appoint to make decisions about your healthcare for you, and a Living will is a written communication directly between you and your health care provider detailing your wishes in advance.

What types of Representation Agreements are there?  The two types of representation agreements are Standard and Non-Standard. A non-standard agreement is also known as an enhanced representation agreement, and gives authority to an individual or individuals to make decisions about your personal care, minor and major health care needs, when and where you can live and work, what your diet and dress will be, and what preservation decisions will be made.   A Standard agreement limits healthcare decision making to personal care, and minor and major health care decisions.

What is a will? A will is a legal document which determines how your estate will be handled after your death, including who will be responsible for distributing it and who should be guardians of your minor children.  A valid will must be in writing, must be prepared by an individual 16 years or older, and must be signed and witnessed by 2 people who are over the age of 19.

Why do I need a will? If a person passes without a will, the law determines how the estate is distributed.  A will ensures that your assets will be distributed the way that you want them to be distributed, and lets you decide who will care for your minor children.