JCA Law Office Professional Corporation

Tag: power of attorney

  • Wills And Powers of Attorney Promo

    Wills And Powers of Attorney Promo

    Estate Planning

    Wills & Powers of Attorney Promo

    Our package includes a free consultation with our lawyer and the full preparation of your Will, Power of Attorney for Property, and Power of Attorney for Personal Care with Health Directive.

    Promo Packages

    Save when you bundle. Each package includes a free consultation.

    Individual

    $449 +HST

    Regular: $599.00 +HST

    • Last Will and Testament
    • Power of Attorney for Property
    • Power of Attorney for Personal Care
    • Health Directive
    • Free consultation with lawyer
    Book Individual Package

    Couple — Best Value

    $749 +HST

    Regular: $999.00 +HST

    • Both spouses each receive:
    • Last Will and Testament
    • Power of Attorney for Property
    • Power of Attorney for Personal Care
    • Health Directive
    • Free consultation with lawyer
    Book Couple Package

    Individual Services

    Regular rates apply if availed individually, scheduled on regular days by appointment.

    Simple Will Only

    $399 +HST

    Regular: $499.00 +HST

    Power of Attorney Only

    $249 +HST

    Regular: $299.00 +HST

    Health Directive Only

    $99 +HST

    Promo Mechanics

    1. Wills Day is every 2nd Friday of the month.
    2. A client may cancel seven (7) days prior to Wills Day without a cancellation fee.
    3. Booking fee of $50.00 (tax inclusive) for each appointment slot. Couples booking one slot pay only $50.00.
    4. Booking fee of $50.00 will be forfeited for cancellations made three (3) days or less prior to Wills Day.
    5. Credit card details are required for appointment booking.

    Required Basic Information

    • Name of executor(s) — maximum of three (3)
    • Name of beneficiaries

    Required Documents

    • Client Form
    • Two valid IDs

    When is the best time to make a last will?

    There is no “right time” to create a last will. But not having one is worse — the people you care about most will face more difficulties if that happens.

    Book an Appointment
    Learn More About Wills

    Contact Us

    Visit our office at 204-2323 Yonge St, Toronto, ON M4P 2C9

    Call us at 1-855-522-5290 or send us a message.

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  • EVERYTHING YOU NEED TO KNOW ABOUT POWER OF ATTORNEY (POA)

    EVERYTHING YOU NEED TO KNOW ABOUT POWER OF ATTORNEY (POA)

    Power Of Attorney (POA): Everything You Need To Know

    Power Of Attorney (POA): Everything You Need To Know

    Gin Aguilar

    Power of attorney (POA) – one way or the other you may have been asked to either make one or get one. But what is this legal document all about? What is its purpose and why do we need it?

    Get your Power Of Attorney now!

    A Power Of Attorney is a legal document in which you give a trusted individual (who is referred to as the “attorney” but does not need to be a lawyer) the right or the authority to handle your affairs and do the decision-making on your behalf if you are unable to handle matters on your own. Therefore, a power of attorney is distinct from a will in that it is used to safeguard your wishes and requests while you are alive; on the other hand, a will is a document that takes effect right after your death.

    TYPES OF POWER OF ATTORNEY (POA)

    There are two types of power of attorney:

    1. Continuing Power of Attorney for Property and
    2. Power of Attorney for Personal Care.

    A continuing power of attorney for property authorizes your attorney (the trusted person that you name in the document) to handle your finances, including your property, investments and bank accounts even if you become mentally incapable. Your attorney will have broad authority to deal with all your financial matters which includes paying your bills, submitting your tax returns, collecting claims and benefits, managing your investments, settling of any liabilities you owed or owed to you, and even selling your property on your behalf if you are incapable to make your own financial decisions. It can also be used in instances where you still have the mental ability, but due to sickness or ailment you need assistance to look after your financial matter.

    On the other hand, the power of attorney for personal care is the authorization that enables your attorney to make choices about your medical care, where you should reside, and other aspects of your personal life, including food, safety, hygiene as well as social activities that you may attend. You may also want to include an advance directive as part of your power of attorney for personal care. This is a document that informs others what you want to happen if you need medical care and whether you will consent or refuse treatment, or decision whether or not you will be using life support or life-saving treatment should the situation happen. This will not come into force until you lack the capacity to make your own decisions about your health care, welfare and treatment.

    WHO SHOULD I CHOOSE AS MY “ATTORNEY”?

    When you are choosing the person that you will appoint as your “attorney”, you should choose someone whom you trust and who has a genuine concern for your welfare. You may consider choosing a trusted family member or a very close friend who you know truly cares for you. The person you choose as your attorney for personal care must be at least 16 years of age, while a power of attorney for property, your appointed person must at least be 18 years old.

    Do not appoint any of the following individuals as your attorney for personal care if they are paid to provide services to you unless that person is also a family member:

    • Your landlord or any person who provides care for you in the place where you reside
    • Your social worker or counsellor
    • Your doctor, nurse, therapist or other health care provider

    Again, keep in mind that your appointed attorney need not be a lawyer but must be considered mentally capable when appointed. You may appoint the same person as your attorney for property and personal care. Another option is to use a trust-company to act as your attorney. The trust company will charge you fees but will be impartial and professional in handling your matter.

    Please take note that POA’s must be witnessed and signed by two people who are eligible to serve as a witness. Your spouse/partner and your children are NOT allowed to serve as witness.

    AM I REQUIRED TO HAVE MY OWN POA’s?

    You are not required to make your powers of attorney for property and health care, and no one can force you to create one. If something happens to you and you don’t have one, other arrangements will have to be made.

    Without a power of attorney for property, your family will not be able to get access to your funds or assets should the need arises. For instance, unless your bank accounts are in joint names with your spouse, the bank may freeze your accounts and not allow anyone, including your spouse and children, to access them until there is an alternative form of authority. The government may have to step in, and the Office of the Public Guardian and Trustee will become your statutory guardian. Although under the Substitute Decisions Act, there is a process that enables the spouse/partner, or other family member of an incapable person to apply to take over from the Public Guardian and Trustee the statutory guardianship of the property and be authorized to act on the incapable person’s behalf. But you need to take note that this is a very lengthy and costly process. In addition, the family member applying may not be the same person that you would have appointed. It’s a lot easier to already have a power of attorney for property in place should you need one in the future.

    The rules and processes applicable to replacing decision-making for personal care are distinct from those that apply to a property. The Health Care Consent Act defines a hierarchy as to who can act as a substitute decision-maker on your behalf should you be considered incapable: first is your spouse or partner, then your parent, then your sibling, and finally, any other relative. Again, the family member entitled to act based on this hierarchy may not be the person you would have assigned as your attorney. You may prevent this from happening by making sure that a power of attorney for personal care is in place. This ensures that if anything happens to you in the future, those you trust and care about will have the power to look after you and make decisions the way you like.

    Our cordial and approachable Filipino-Canadian lawyers at JCA LAW OFFICE can help and assist you in preparing your Powers of Attorney. You may visit our office at 168B Eglinton Ave. East, Toronto, ON M4P 1A6.

    You may also book your appointment by sending us an email at info@filipinolawyer.ca.

    References

    http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/incapacity/poa.php/

    https://www.lerners.ca/lernx/power-of-attorney-what-is-it-and-why-do-i-need-one/

  • Why last will, power of attorney for property & personal care and health care directive (living will) matters?

    Why last will, power of attorney for property & personal care and health care directive (living will) matters?

    Why last will, power of attorney for property & personal care and health care directive (living will) matters?

    By Gin Aguilar

    It can be the untimely death of someone famous that triggered it. Or, perhaps a feeling of heartburn in the middle of the night, mistaking it for signs of a heart attack. Or simply feeling emotional after bidding goodbye to your child this morning, watching him walk with his friends on the way to school. Whatever the reason may be, at the back of your mind, you are thinking of the possible things that might happen in case you unexpectedly get into an accident, or suddenly get a virus that will make you gravely ill, and face an untimely death.

    Make a WILL

    The Importance Of Last Will, Power Of Attorney For Property, Power Of Attorney For Personal Care & Health Care Directive (Living Will)

    Having a heart-to-heart talk about your wishes with loved ones in case of untimely sickness or death is truly important. Yet we rarely discuss them – it’s the elephant in the room. So how do we prepare for crisis and unfortunate life events?

    You may start by getting more familiar with the following important legal documents that you may need in order to be prepared for any critical situations in life:

    (1) Last Will & Testament

    This is a legal document that states how your assets will be distributed after your death. As defined by the Ontario Ministry of the Attorney General, “(a) person’s will is a written document that sets out the person’s wishes about how his or her estate should be taken care of and distributed after death. It takes effect when the person dies.” A recent survey on Wills released in the media suggests that majority (< 55%) of Canadian adults do not have signed & legal Wills. Based on the survey, the reason why Canadians do not have one is because: (1) they do not know how to get started, (2) they believe they are too young to have one and (3) they think they do not have enough properties or finances to distribute anyway.

    What will happen if you die and you do not have a will?

    Death may happen when you least expect it. It’s a sad reality that we need to keep in mind. When you die without a will, you are said to die “intestate”. This basically means that the Succession Law Reform Act sets out how the estate is distributed, which unfortunately may cause more problems, delays and additional unnecessary costs.

    (2) Power of Attorney (POA)

    A Power of Attorney is a legal document that appoints a specific person you trust (also known as your “attorney”, not necessarily your lawyer) to act and make decisions on your behalf if you are unable to look after matters on your own. It is in effect while you are still alive, unlike a will, which only takes effect upon your death.

    Types of Power of Attorney:

    1. Power of Attorney for Property – as defined by the Ministry of Attorney General in Ontario, an attorney for property is the person you name who can make decisions about your financial affairs (including paying your bills, collecting money owed to you, maintaining or selling your house, or managing your investments).**
    2. Power of Attorney for Personal Care – the person you name as attorney for personal care will have the legal authority to make decisions about your personal care, including medical and health care, nutrition (meals), shelter (housing), clothing, hygiene, and safety, should you become mentally incapable of making these decisions.

    (3) Health Care Directive

    A health care directive is a document that provides your direction and wishes with regard to specific issues concerning your personal care, including medical issues, such as taking pain medication when needed, and whether or not you would want to get some medical treatment involving “heroic” measures to artificially prolong your life (or more known as “life support”).

    Sometimes, people refer to this as the “living will”. Please take note though that Ontario law in Canada does not use the term “living will”. A will is a document about the distribution of your estate or properties after death, thus, if it is “living” then a power of attorney should suffice.

    WHEN is THE RIGHT TIME TO MAKE A LAST WILL?

    The truth of the matter is, there is no right time to create all these will and legal documents. Thinking about your future death or illness and making all these legal documents is no fun. But not having one is worse. The people you care the most will have to face more difficulties and challenges in the future if that happens. Dying without a will may cost your family thousands of dollars in legal bills and might end up in bitter family disputes due to legal battles between your children and/or siblings. All of this would be avoided with the drafting of a proper will and creation of these legal documents.

    Let JCA LAW OFFICE assist you in finding solutions to all those dreaded “what if’s”. We have dedicated lawyers who will help you in preparing all these legal documents.

    You may also send us an email at info@filipinolawyer.ca.

    REFERENCES:

    ** (1) Ministry of the Attorney General https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/incapacity/poa.php

    https://www.ctvnews.ca/lifestyle/majority-of-canadians-don-t-have-a-will-poll-1.3772853