An Enduring Power of Attorney relating to property can be cancelled or changed at any time provided the person giving the Power of Attorney understands what he or she is doing.
If a person becomes sick or is incapacitated as a result of an accident then unless an Enduring Power of Attorney is in place the family and other close relatives cannot make important decisions. To obtain authority to make such decisions in the case of an accident or illness, it would be necessary to make an application to the Court for a manager to be appointed to make decisions on financial and personal matters. Such an application will be expensive, stressful and there will be a time lag while the application is considered.
An Enduring Power of Attorney whether it be for property or personal care and welfare is inexpensive to make and there are no delays.
Any person over 18 or anyone who is married should give serious consideration to making Enduring Powers of Attorney.
An Enduring Power of Attorney operates while the person giving it is alive. This is to be contrasted with a will which only takes effect upon death. A will does not come into effect if a person is mentally incapable. Indeed, in that situation the solicitors acting will not be able to divulge the terms of the will to family members.
The above information was copied from the web site of Gillespie Young Watson and can be viewed here.
General information and explanations about Enduring Powers of Attorney can be found here There are differences in the documents used in Canada and other countries from those used in the United States. Also, each state or province may have specific policies regarding these documents.
I know I have presented you with a great deal of information. The best suggestion I can give you is to contact an attorney or senior citizen advocate in the area in which you live and discuss these documents with them. Your doctor is another source of information.
Dealing with Alzheimer's disease is difficult for all involved. End of life decisions are some of the most difficult and painful decisions to make.
By outlining in advance what you and your loved one wish, you can be assured that your wishes will be honored and perhaps it will ease some of the pain and heartache that goes along with end of life issues.
 |
| Here's the follow-up discussion on this article: | View all related messages |
For a complete listing of article comments, questions, and other discussions related to Karen Largent's Alzheimer's Research topic, please visit the Discussions page.