Guides for Establishing a Power of Attorney
Wangchun Ye
a lawyer in Ontario
A Power of Attorney (POA) is a legal document that allows someone else to make healthcare, financial, and legal decisions for you. There are separate POA documents for different purposes: the Power of Attorney for Personal Care, which covers healthcare decisions, and the Power of Attorney for Property, which deals with financial and property matters.This document is crucial for protecting your finances, health, and personal decisions as you get older or if you become unable to make decisions yourself.
By creating a POA, you appoint an "attorney," also known as a "representative" or "agent," to act on your behalf. This step provides peace of mind, ensuring your affairs are managed according to your wishes. Depending on where you live, a POA might also be called a personal directive, healthcare directive, representation agreement, or living will. It's important to note that in this context, "attorney" doesn't mean a lawyer. Instead, it refers to the trusted person you've chosen to make decisions for you.
1.What is a Power of Attorney For Personal Care?
A Power of Attorney For Personal Care empowers someone to handle matters related to your health care, living arrangements, nutrition, and clothing—essentially anything concerning your personal well-being. This individual serves as your spokesperson for medical choices in cases where you cannot communicate your wishes. Additionally, they are tasked with conveying any life support instructions or other detailed directives outlined in your will and power of attorney documents.
2.What is a Power of Attorney For Property?
The attorney designated in this document will handle your property and financial matters, including paying your bills, selling your real property, managing your bank accounts and investments, and collecting any money owed to you, in the event that you are unable to manage these tasks yourself.
One of the key differences between The Power of Attorney for Personal Care and the Power of Attorney for Property is the activation condition:
POA for Personal Care: activated based on your incapacity.
POA for Property: can be activated immediately or based on your incapacity, depending on your choice.
If you have 100% trust in the attorney you have chosen, or if it is truly inconvenient for you to handle property matters personally, such as due to old age, you can choose to have the Power of Attorney for Property take effect immediately upon signing.
3.What is the difference between Power of Attorney and Will?
A power of attorney is concerned with decisions while you are alive, whereas a will focuses on the distribution of your assets and instructions for after your death.
4. Who shall have a Power of Attorney?
A power of attorney is not just for seniors. It offers insurance against unexpected medical emergencies at any age and should be considered by all adults.
5. How to Create a Power of Attorney with BlossomLeaf?
Crafting a power of attorney is simpler than you might imagine. Here's a straightforward guide in three steps:
STEP 1:Choose the version of Power of Attorney the applies to your province. Different provinces use various versions of the Power of Attorney document, so please choose the one that applies to your place of residence.
STEP 2:Complete the necessary information on BlossomLeaf. The platform offers detailed instructions to help you understand the terms of the legal documents. The key is to choose your attorney. Typically, your attorney is your spouse, an adult child, or a close relative. It's advisable for your attorney to reside in Canada to facilitate timely decision-making in case of emergencies. Prior consent of the attorney shall be obtained. Gather your attorney's information, including their official name as stated on their ID, date of birth and address.
STEP 3:Visit a nearby law firm for notarization. For the users on BlossomLeaf, W. Ye Law Firm offers competitive notarization pricing with $50 plus HST per document. Conveniently situated at the same address as BlossomLeaf, you can find W. Ye Law Firm at 7191 Yonge St, Unit 803, Markham, ON L3T 0C4. Drop by during our business hours (9:30 am to 5:30 pm) without the need for an appointment. For seamless notarization, the grantor should provide two forms of identification, such as a passport, driver's license, or Permanent Residence card. It's essential to note that the attorney is not required to sign the Power of Attorney document, thus eliminating the need for their visit.
NOTE:This guide is legal information and it is not legal advice. For legal advice you should hire a lawyer.