Incapacity Planning

INCAPACITY PLANNING IN OAKVILLE, MILTON AND GEORGETOWN

Planning for the potential of one’s own incapacity is something that can be uncomfortable to consider, but the importance of doing so cannot be overstated. Incapacity can happen to anyone and can occur suddenly and without warning. Taking the time to make arrangements for this possibility in advance will save your loved ones undue stress, cost and time in the event of your incapacity, and will see that the decisions surrounding your health care and finances are made by someone you trust and have chosen.

Our lawyers have considerable experience when it comes to creating personalized Powers of Attorney and Living Wills. Our Managing Partner, Jasmine Sweatman, is a recognized leader and expert in this field, having authored a text on Powers of Attorney that is widely used by lawyers as a reference guide. We will work with you to determine your goals with respect to your individual plan, and provide advice on how best to ensure that those goals are met. We then draft custom documentation that reflects your plan and wishes.

Powers of Attorney for Incapacity Planning in Halton Region

Generally your plan will include a Power of Attorney for Personal Care and a Continuing Power of Attorney for Property. These documents clearly state who is entitled to make decisions on your behalf, when this entitlement is triggered, and how decisions are made (for example, in situations where more than one Attorney is appointed, whether a decisions must be unanimous or comprised of a majority).

An incapacity plan can also include wishes or directives, otherwise known as a “living will“, on how certain personal and health matters should be decided on your behalf.

A failure to adequately plan in this regard may result in your loved ones having to seek out an appointment of guardianship, which can be a drawn-out, costly and stressful process to navigate. In the absence of an Attorney or guardian, decisions for an incapacitated person will be made by the Office of the Public Guardian and Trustee. The decisions that must be made on your behalf, whether for property or personal care, are some of the most important decisions that will be made in your lifetime, and it is vitally important that you take steps to have them entrusted to someone who knows your wishes, and whom you trust to carry them out according to your directions.

Contact Our Knowledgeable Power of Attorney Lawyers

Taking the time to make a well thought out incapacity plan will provide you and your family with the comfort of knowing that decisions surrounding your personal care and property will be left to the person(s) you have selected and who know you and who will act with your best interests in mind. To benefit from our skilled and experienced advice with respect to your incapacity plan, please contact us online to arrange an appointment.