Law Office Howard Dyment articles

A Continuing Power of Attorney For Property is required while you are alive but unable to look after your financial affairs, for example, if you are in an accident or suffer a serious medical emergency.
The person whom you appoint is called your attorney. Your attorney can be a family member or a friend.
Inform your attorney that he or she is your attorney in the event of you becoming incapacitated and the location of your Continuing Power of Attorney For Property.
Usually your lawyer will maintain the Continuing Power of Attorney For Property in his office for safekeeping.
Even if you own your home jointly with your spouse, your spouse is unable to sell or remortgage it without a Continuing Power of Attorney For Property signed by you before your incapacity.
Without a Continuing Power of Attorney For Property in Ontario the government can seize and\or freeze your financial assets, making it very difficult for your loved ones to carry on financially until you recover.

If you are in an accident or suffer a serious medical emergency and you are unable to give instructions to your doctor and do not have a Continuing Power of Attorney For Personal Care, the government can step in and make decisions about your personal care.
A Continuing Power of Attorney For Personal Care allows the loved one or friend you named make those decisions for you.
A Continuing Power of Attorney For Personal Care also allows you to dictate what care or life saving efforts you wish to receive, when you may not be in a physical or mental position to be able to instruct your doctor.
Both or either Power of Attorney can be revoked or amended once you are able to make informed decisions about your personal care as well as informed decisions concerning your finances.

Click here to return to the completion of your Powers of Attorney

You may wish to refer to a recent article by AIM Funds Management Inc., "Incapacity - planning ahead helps".

You may also wish to refer to a recent article by AIM Funds Management Inc., "Disability and estate planning".

revised June 2003